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Author: 


Pennsylvania.  Laws, 

statutes,  etc. 

Title: 

Bills  relating  to  railroad 
discrimination 

Place: 

Harrisburg 

Date : 

1887 


RESTRICTIONS  ON  USE: 


FILM  SIZE:       3s^ 


(^ 


MASTER    NEGATIVE   # 


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1 


Pennsylvania,  Laws,  statutes,  etc. 

Bills  relating  to  railroad  discrimination, 
pub.  under  authority  of  concurrent  resolution 
of  Senate  and  House  of  representatives, 
Harrisburg,-  Pa.,  Feb.,  1887.  Harrisburg,  E. 
K.  Meyers,  state  printer,  1887. 

42  p. 


1.  Railroads  -  Pennsylvania 
2.  Railroads  -  U.  S.  -  Rates. 
Laws,  statutes,    ^  <>tr. 


-  Rates. 
I.  U.  S. 


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I 


BILLS 


RELATING   TO 


Railroad  Discrimination 


Kpt* 


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Published  under  Authority  of  Concurrent  Resolution  of  Senate 

AND  House  of  Representatives,  Harrisburg, 

Pa.,  February,  1887. 


No.  1- 
2- 
3- 


BILLS. 

-Introduced  by  Mr.  Watres  in  Senate. 

-Introduced  by  Mr.  DraTO  in  House  of  Representatives. 

-Passed  by  United  States  Senate  in  1886  and  commonly  known 

as  "The  Cullom  Bill.^' 
-Inter-State  Commerce  Bill  (ccnlerence   rcjiort  approved  by 

Congress.) 


'-i 


HARRISBURG: 

EDWIN    K.    MEYERS,    STATE    PRINTER. 

1887. 


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INDEX 


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No.  of 
bill. 
BANKING, 2 

CANAL,  control  of  not  to  be  obtained  by  railroad, 2 

to  be  public  hijjjhway,       .    .  2 

CIVIL  REMEDIES,  dama.res 1,2,3,4 

by  quo  ivarranto.        ...                   .        .  2 

by  niandaraus,  injunction,  attachment,  and 

execution,  2,3,4 

conns  to  dispose  of  within  ninety  da\'S  by,  2 

test^non^^ \  2      4 

findings  of  commission,     ...               .        .  2,3,4 

dismissal  of  complaint,      ...           .  2,3,4 

appeal,                  ^                                         .   .  2,3,4 

Attorney  General  to  prosecute  civilly.  2 
option   of  shipper  to  make  complaint   to 

commission  or  to  bring  suit.        .              .  4 

no  abridgment  of  e.Kisting  remedies, 1,    3,4 

COMMISSION,  duties  and  powers  of,        2,3,4 

creation  of.        .        .       .                   .           .        .  2,3,4 

to  inquire  into  the  management  of  the  business 

of  all  common  carriers        2,3,4 

testimony  before 2,3,4 

contempt  for  failure  to  obey  subpoena  of,        .    .  2,3,4 

ac  ion  of,  upon  omplalnt, '                      ,       ...  2,3,4 

findings  to  be />r?ma  Atcic  evidence,  .       .       .    .  2,3,4 

findings  to  bo  G  )nclusive.       .               ....  2 

report  of  investigation  of  complaint 2,3,4 

procedureof.  in  case  of  satisfaction  of  complaint,  2,3,4 
procedure  of,  in  case  of  failure  to  satisfy  com- 

plj^int "  .   .  2,3,4 

organization  of,        ....  3,4 

salaries,       .    .       .    .  2,3,4 

ofHces  of             2,3,4 

expenses.          •  2,3,4 
to  prosecute  any  inquiry  necessary  to  its  duties 
into  any  matter  or  question  of  fact  pertaining 

to  tlie  business  of  a  common  carrier,        .       ,  2,3,4 

annual  reports  from  common  carriers,      .       .    .  2,3,4 

to  prescribe  uniformity  of  accounts 2,3,4 

report  of,                                     2,3,4 

appropriation  to.         .                               ...  2,3,4 

to  prescribe  measure  of  publicity  of  rates,  .    .   .  2,3,4 

appeal  from.                                    "                ...  2,3,4 

to  (jispose  of  cases  within  ninety  days,      ....  2 

dismissal  of  complaint,               '       ".       .           .    .  2,3,4 

to  make  classifications  of  freiarht,        .....  2 

costsof,  imposed  upon  railroads 2 

CONSOLinVTIOy,  prohibiied,                     ...              .    .  2 

CONSTITUTION,  enforcpment  of, '    '  2 

CORPORATION.S,  defined.  .    .  .2 

foreign,  to  have  place  of  busines«j  in  State,    .'  2 

CRIMINAL,  penalties.                ....          .    .              1,2,3,4 

imprisonment,          ,           .           .                  .....  1,2 

attorney  general  to  prosecute  criminally,     ....  2 

DISCRIMINATION,  no  undue  or  unreasonible,     .\       .       .    .  1,2 

by  drawback  prohibited.  1,2,3,4 
undue  or  unreasonable  preference  or  ad- 
vantage prohibited.                              ...  3,4 

in  facilities  for  interchange  of  traffic,     .   .  2,3,4 

at  terminals,      2.3.4 

EXEMPTION,     1,     3,4 


No.  of 
page. 
10 
20 
U 

13 

13,24-27-39 

13 

13, 30 

13,26,38 

13,26,37 

13,16,28,40 

20 

36 

7-30-42 

16-25-36 

16,25,36 

18-25-37 
13,17-25-37 
17-25-37 
17-20-37 
13-26-33 
13 
17-26-38 
18,26-38 

18,27-39 
28-40 
18,29-40 
19-29-41 
19-29-41 


18-29-41. 

19-29-41 

19-30-41 

19-30-42 

30-42 

15-23-34 

13-28-40 

17 

17-26-37 

19 

20 

11 

12 

11 

10 

7-15-24-36 

7-15 

20 

5-11 

5-12-21-32 

22-32 

11-22-32 

14-15-22-32 

8-30-42 


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'■■/ 


'■''^•^ 


No.  of 
bill. 

FREE  PASSES,  prohibition  of, 2,3,4 

exchange  of, 3,4 

LONG  AND  SHORT  HAUL, 1,2,3,4 

suspension  of, .  3,4 

POOLING,  prohibited,  2,    4 

to  be  inquired  into, 3 

PUBLICITY  OF  RATES 1,2,3,4 

changes  of  schedule,  .    .  1,'2,3,4 

posting  of  names  of  responsible  per- 
sons, 1 
tiling  of  schedules  and  contracts,  1,2,3,4 
rates  on  small  articles  at  terminals,         2 

joint  tarifls  of  rates, 1,2,3,4 

extent  of  publicity,    .   .  1,2,3,4 
rates  on  shipments    through   a  for- 
eign country, 3,4 

RAILROAD,  defined 2,3,4 

included  within  terms  of  act,     ....  ...  3,4 

company  not  to  engage  in  other  business 2 

supplies  to 2 

To  pav  costs  of  commission, 2 

SECRETARY  OF  INTERNAL  AFFAIRS.powersanddutiesof,      2 

SHIPMENT,  continuous  carriage  defined, 3,4 

STOCK,  fictitious  increase, 2 

STREET  RMLWAYS.  2 

SUPPLIES  TO  RMLROADS, 2 

TELEGRAPH  COMPANIES 2 

TIME  TO  GO  INTO  EFFKCT,       2,     4 

TRANSPORTATION,  defined, 2,3,4 

VENUE, 1 


No.  of 

page. 

12-'Z3-42 

23-42 

5-11-22-32 

22-33 

13-33 

30 

5-14-23-33 

6_) 4-23-33 

6 

7-14-23-34-35 

14 

7-15-23-34 

5-15-22-34 

24-33 
11-15-21-31 

21-31 
12 
12 
20 
12 

24-35 
10 
12 
12 
10 

20-42 

15-21-31 

7 


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No.    1. 


Bill  introilvced  hy  Mr.    WatrPK  in  StatP   Srtiate. 


8kc.   1. 


Skc.   2. 


Sec.  3. 


Prohibltlnjr  unjust  discrimination— short 

hanl    clanse.     [Copy   of  Sec.  3  of  Art. 

XVII  of  State  <V>nstitution.  ] 
Proliibitinjf  discriniination  by  drawbacks. 

[Copy  of  Sec.  7  of  Art.  XVII  of  State 

Constitution.] 
Publicity  of  rates. 
Change  of  scliedule. 
Posting  of  names. 


Filinj?  of  contract. 
Sec.    4.  Civil  remedy. 

Damapes  for  over-charges. 

Joint  tariffs. 
Sec.    5.  Criminal  penalties. 

Imprisonment. 
Sec.   6.  Venue. 
Skc.   7.  Exemption. 


AN  ACT 

To  carry  into  effect  the  provisions  of  the  third  and  seventh  sections  of  Article  XVII  of 
the  Constitution  of  this  Commonwealth,  and  to  provide  penalties  for  the  violation 
thereof. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  Commonwealth  of  Pennsylcania,  in 
General  Assembly  met,  and  it  is  hereby  enacted  try  the 
authority  of  the  same.  That  all  individuals,  associations, 
and  corporations  shall  have  equal  right  to  have  persons  and 
property  transported  over  railroads  and  canals,  and  no  un- 
due or  unreasonable  discrimination  shall  be  made  in  charges 
for,  or  in  facilities  for,  transportation  of  freight  or  passen- 
gers within  this  State,  or  coming  from  or  going  to  any  other 
State.  Persons  and  property  transported  over  any  railroad 
shall  be  delivered  at  any  station  at  charges  not  exceeding 
the  charges  for  transportation  of  persons  and  property  of 
the  same  class  in  the  same  direction  to  any  more  distant  sta- 
tion; but  excursion  and  commutation  tickets  may  be  issued 
at  special  rates. 

Section  2.  No  discrimination  in  charges  or  facilities  for 
transportation  shall  be  made  between  transportation  com- 
panies and  individuals,  or  in  favor  of  either,  by  abatement, 
drawback  or  otherwise,  and  no  railroad  or  canal  company, 
or  any  lessee,  manager,  or  employe  thereof,  shall  make  any 
preferences  in  furnishing  cars  or  motive  power. 

Section  3.  That  each  railroad  or  canal  company  shall 
adopt,  and  at  each  depot  where  freights  are  receipted  or  de- 
livered, and  at  each  point  of  connection  with  other  railroads 
or  canals,  shall  keep  posted  for  public  inspection  in  at  least 
two  places,  and  in  such  form  that  they  can  be  conveniently 
inspected,  schedules  which  shall  plainly  state — 

First.  The  different  kinds  and  classes  of  freights  to  be 
carried  therefrom. 

Second.  The  different  places  within  the  State  to  which 
such  freights  shall  be  carried. 

Third.  The  conditions  under  which  allowances  or  advan- 
tages in  any  form  may  be  granted  upon  shipments  made  or 
services  rendered. 


Sec.  3.  Art.  XVII, 
State  Constitution. 
No  undue  or  un- 
reasonable 
discrimination. 


Long  and  short 
haul. 


Sec.  7,  Art.  XVII, 
State  Constitution. 

No  discrimination 
by  drawback. 


Publication  of 
rates  by  schedule. 


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Changes  of 
BcheduU'Sofratefe. 


Posting  of  names 
of  persons  respon- 
sible fur  t   e  pr.  p- 
arati«>n,  posting, 
and  enforcement 
of  publislied  rates. 


Posting  of  names 
of  persons  respon- 
t-ible  for  car 
supply. 


Fourth.  The  charges  for  moviag  or  carrying  from  the 
particiUar  depot,  or  point  of  connection  at  which  the  said 
schedule  shall  be  posted  to  places  within  this  State,  and  the 
charges  for  handling,  receiving,  storing,  shifting,  or  deliv- 
ering of  freight  at  said  depot,  or  point  of  connection.  And 
the  bill  for  the  services  aforesaid  shall  show  what  part  of 
the  charges  is  for  moving  or  carrying,  and  what  part  is 
for  the  other  facilities  or  services  enumerated  as  aforesaid. 
Such  schedules  may  be  changed  from  time  to  time  as  here- 
inafter provided,  but  no  such  schedule  shall  be  changed  in 
any  particular,  except  by  the  substitution  of  another  schedule 
containingthespecitications  above  required,which  substituted 

schedule  shall  plainly  state  the  time  when  it  shall  go  into 
effect,  and  copies  of  which,  prepared  as  aforesaid,  shall  be 
posted  as  above  provided,  at  least  two  days  before  the  same 
shall  go  into  effect,  and  the  same  shall  remain  in  full  force 
until  another  schedule  shall,  as  aforesaid,  be  substituted. 
The  said  schedule  shall  avoid  undue  and  unreasonable 
discriminations,  and  it  shall  be  unlawful  for  a  railroad 
or  canal  company  to  charge  or  receive  more  or  less  compen- 
sation for  services  rendered  than  shall  be  specified  in  said 
schedules:  Proridcd,  That  reductions  in  the  published  rates, 
fares,  or  charges  required  by  said  schedule  may  be  made 
without  previous  public  notice:  but  whenever  any  such  re- 
duction is  made,  notice  of  the  same  shall  immediately  be 
publicly  posted,  and  the  changes  made  shall  injmediately 
be  made  public  by  the  issue  of  new  schedules,  or  shall 
immediately  be  plainly  indicated  upon  the  said  schedules 
at  the  timein  force,  the  hour  of  such  change  being  plainly 
stated  on  said  schedules. 

Fifth.  In  addition  to  and  directly  below  each  schedule 
posted  as  aforesaid,  there  shall  be  conspicuously  posted  the 
name  or  names  and  official  designation  of  the  person  or 
persons  who  shall  be  authorized  and  empowered  to  prepare 
or  issue  said  schedule,  and  who  shall  be  responsible  for  said 
preparation  or  issue,  also  the  name  or  names  and  official 
designation  of  the  person  or  persons  whose  duty  it  shall 
be  to  post  said  schedules,  and  the  name  or  names  and  offi- 
cial (lesignation  of  the  ])erson  or  persons  whose  duty  it 
shall  be  to  charge  or  receive  compensation  in  ])ehalf  of  said 
railroad  or  canal  company  for  services  rendered;  and  no 
schedule  shall  be  complete  or  valid  within  the  meaning  of 
this  act  unless  said  name  or  names  shall  be  posted  as  afore- 
said. 

Siaih.  On  the  first  day  of  each  month  announcement 
shall  be  posted  by  each  railroad  or  canal  com})any  at  its 
principal  office  in  this  State  of  the  name  or  names  and  otH- 
cial  designation  of  the  person  or  persons  who  shall  be  re- 
sponsible during  the  ensuing  month  for  the  furnishing  of 
cars,  and  of  the  place  or  ])laces  at  which  said  person  or  per- 
sons shall  be  located  for  the  distribution  of  said  cars;  and 
the  records  of  said  furnishing  and  distribution  shall  at  all 
times  be  accessible  to  the  public  at  the  place  or  places  where 
said  person  or  persons  shall  be  located 


Seventh.  It  shall  be  the  duty  of  each  railroad  or  canal   Fiimg  of  schedules 

.1  ■       1     '   /•!     T        -^1      j^i        o  X  *    of  rales  and 

company  to  file  or  cause  to  be  filed  with  the  Secretary  or  contracts. 
Internal  Affairs  of  the  Commonwealth  of  Pennsylvania,  a 
copy  of  each  schedule,  posted  as  required  in  this  section, 
and  said  filing  shall  be  done  within  fifteen  days  after  post- 
ing as  aforesaid,  and  it  shall  be  the  duty  of  the  said  Secre- 
tary of  Internal  Afi'airs  to  file  and  preserve  the  same  as  a 
part  of  the  record  of  his  office.  Every  such  railroad  or 
canal  company  shall  also  file  with  said  Secretary  of  Internal 
Aff"airs,  copies  of  all  contracts,  agreements  or  aiTangements 
with  other  railroad  or  canal  companies  to  which  it  may  be 
a  party  in  relation  to  any  service  which  may  be  aff'ected  by 
the  provisions  of  this  act. 

Section  4.  Any  railroad  or  canal  company  making  any  Damages  for 
overcharges  for  services  rendered  as  enumerated  in  this  act  overcharges, 
shall  for  each  overcharge  be  liable  to  pay  to  the  ]^arty  thus 
overcharged  a  sum  equal  to  three  times  the  entire  charges 
thus  made,  and  for  each  violation  of  any  other  provision  of 
this  act  be  liable  to  the  party  injured  for  damages  treble 
the  amount  of  injury  suffered.  In  actions  brought  as  afore- 
said, damages  sustained  in  the  i)eriod  of  a  year  or  part  of 
a  year  may  be  declared  upon  or  complained  of  generally 
and  as  one  separate  cause  of  action,  and  so,  whether  such 
damages  be  sustained  in  one  calendar  year  or  different 
years,  and  each  separate  cause  of  action  may  be  joined  in 
one  action;  but  nothing  contained  in  this  act  shall  be  con- 
strued to  exempt  any  railroad  or  canal  com})any  from  any 
duty,  liability,  or  penalty  imposed  by  law  :  Provided,  That 
no  railroad  or  canal  company  which  may  be  a  party  to 
a  joint  tariff'  of  rates,  or  joint  schedule  of  diarges,  shall  be  J;Vm-'of'ra"ei?^°* 
liable  for  the  failure  of  any  other  railroad  or  canal  com- 
pany to  observe  and  adhere  to  the  aforesaid  joint  tariff'  or 
joint  schedule. 

Section  5.  Any  director  or  officer  of  any  railroad  or 
canal  company,  or  any  receiver  or  trustee  or  lessee  thereof, 
or  any  agent  or  employ^  of  any  company,  receiver,  trustee, 
lessee,  or  person  aforesaid,  or  one  of  them  alone  or  with 
any  other  corporation,  company  person  or  party  aforesaid, 
who  shall  willfully  charge  or  receive  more  or  less  compensa- 
tion for  services  rendered,  than  shall  be  specified  in  the 
posted  schedule  provided  for  in  section  three  of  this  act,  or 
who  shall  neglect  or  refuse  to  post  said  schedule  when  re- 
quired so  to  do,  or  who  shall  prepare  or  issue  for  posting, 
a  schedule  which  shall  not  conform  to  the  requirements  of 
this  act,  or  who  shall  unjustly  or  unreasonably  discriminate 
in  the  furnishing  or  distribution  of  cars,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  more  than  12,000  and  be  liable  to  an  imprisonment  not  imprisonment 
exceeding  ten  days,  for  each  and  every  offense:  Provided, 
That  any  agent  or  employ^  employed  in  any  capacity  by  any 
company  as  aforesaid,  who  may,  in  discharging  his  duties, 
be  governed  by  the  said  schedule,  shall  not  be  liable  to 
action  or  prosecution  under  this  act. 

Section.  6.     That  for  the  purpose  of  this  act  the  venue  Venue. 


Criminal   penalties 
for  violation  of 
Sec.  3. 


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Exemption. 


for  the  institution  of  anv  suit  or  action  at  law  to  recover 
any  damage  for  the  violation  of  any  of  the  provisions  thereof, 
or  any  prosecution  for  unjust  or  unreasonable  discrimi- 
nation under  this  act,  shall  be  at  the  option  of  the  plain- 
tiff or  plaintiffs,  prosecutor  or  prosecutors  in  any  county 
in  which  the  person  or  persons  or  property  discriminated 
against  shall  have  been  received  for  transportation,  or  shall 
have  been  delivered  after  such  transportation,  or  in  any 
county  through  which  such  person  or  persons  or  property 
shall  have  been  actually  conveyed  or  transported :  Provided^ 
That  any  prosecu  tion  for  neglect  or  refusal  to  post  the  schedule 
provided  for  in  section  three  of  this  act,  shall  be  in  the  county 
where  said  neerlect  or  refusal  shall  have  occurrpd:  Provided 
further,  That  nothing  in  this  act  contained  shall  be  construed 
to  effect  the  laws  of  this  Commonwealth  relating  to  change 
of  venue. 

Section  7.  That  nothing  in  this  act  contained  shall  be  so 
construed  to  prevent  property  of  or  for  the  United  States 
or  this  Commonwealth,  or  for  purely  charitable  purposes, 
or  for  public  exhibitions  or  public  fairs,  from  being  carried 
or  transported  at  lower  rates  than  for  the  general  public. 

Section  8.  Ail  acts  or  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 


No.  -2 


Bill  introduced  in  House  of  Representatives  by  Mr.  Dravo. 


ARTICLE  XVI. 


1. 

2. 


3. 

4. 

6. 

C. 


Unused  charters  to  be  void. 

No  existing  charter  to  be  validated  or  amended 
except  upon  condition  that  It  be  held  su»)ject 
to  the  Constitution. 

Right  of  eminent  domain  not  to  be  abridged 
or  police  power  limited. 

The  free  vote  in  stocfehoider  elections. 

Foreign  corporations  to  have  place  of  business 
in  the  State. 

Corporations  not  to  engage  In  bnslness  unau- 
thorized by  their  charters. 


7.  The  fictitious  Increase  of  stock  or  bonds  for- 

bidden. 

8.  Taking  or  Injury  of  private  property — appeals 

from  assessment  of  damage. 

9.  Rank  notes  or  bills  to  be  secured. 

10.  Repeal  or  alteration  of  charters  authorized. 

11.  Notice  of  bills  to  create  banks. 

12.  Telegraph  companies. 

13.  The  word  "corporations 


defined. 


ARTIOLP]  XYII. 


s. 


Railroads  and  canals  public  highways,  and 
railroad  and  canal  companies  common  car- 
riers— railroads  may  be  constructed  and  con- 
nected. 

Railroad  and  canal  companies  to  keep  offices  in 
this  State. 

Discriminations  In  charges  for  freight  and  pas- 
sengers forbidden. 

Cons.lldatlon  with  competing  companies  pro- 
hibited. 

Common  carrier  companies  not  to  engage  in 
other  business. 

Officers  and  employees  of  any  railroad  or  canal 
company  not  to  furnish  supplies  to,  or  be  in- 


7. 
8. 
9. 

10. 
11. 


12. 


terested  In  transportation  upon  the  works  of 
such  company. 

No  discrimination  In  charges  to  transporters. 

Free  passes  on  railroads  prohibited. 

No  c  >n8tructlon  of  street  railways  without 
consent  of  local  authorities. 

Acceptance  of  this  article  by  companies. 

Duties  and  powers  of  Secretary  of  Internal 
Atfilrs  as  to  railroad,  canal,  and  other  trans- 
portation companies. 

Legislation  to  enforce  this  article. 


iX-':^ 


''.^■^^!iiJ&M 


<f|P^! 


9 


8ec  1.  Courts  empowered  to  enforce  hy  quo  war-    Sec.    6 
rantn,  mandamus,   Injunction,  and  at- 
tachment. 

Courts  to  dispose  of  cases  within  ninety 
days. 

Testimony. 

Mlsmlssal  (f  complaint. 

Findings  of  commission  conclusive  in  all 
actions,  except  for  damages  to  Individ-    Sec.    7 
uals,  and  in  such  cases  pri  -.a  facit  <  vl 
dence.  Sec. 

Coniplalnant  may  demand  jury  trial. 

Appeal. 
•Sec.   2.   Tooling  pri>hll)ited.  SEC. 

Sec.   3.  Postinjf  of  rates. 

Terminals.  SEC. 

Changes  In  rates.  • 

Rates  to  be  adhered  to.  Sec. 

Charges  to  be  reasonable  and  just. 

Filing  of  schedules  of  rates  and  contracts. 

Joint  tariffs  of  rates. 

Measrure  of  publicity  of  joint  tariffs  to  be    Sec. 
prescribed  by  commission.  SEC. 

The  terms  "railroad  ■' and  "transporta-    Sec. 
tlon  "  defined.  Sec. 

Terminals. 
Sec.   4.  Criminal  penalties.     Imprisonment.  Sec, 

Skc.   5.  Creation  of  commission. 


Commission  to  Inquire  into  the  manage- 
ment of  the  business  of  all  common  car- 
riers. 

Powers  of. 

Appeal. 

Testimony, 

Commission  to  dispose  of  cases  within 
ninety  days. 

Action  upon  comp'alnt  to  commission. 

Oismlssal  of  complaint. 

Report  of  investigation  of  complaint. 

Commission  to  make  any  Inciulry  It  may 
see  fit. 

Procedure  In  case  of  satisfaction  of  com- 
plaint. 

Salaries. 

« •flices  of  commission  and  expenses. 

Annual  reports  from  carriers. 

Uniformity  of  accounts. 

Commission  to  make  classifications  of 
freight. 

Report  of  commission. 

To  go  into  effect. 

Railroads  not  to  obtain  control  of  canals. 

Attorney  General  to  prosecute  civilly  and 
criminally. 
16.  Costs  of  commission  Imposed  upon  rail- 
roads. 


8. 


9. 


10. 


11 


12, 
13. 
14. 

15. 


AN  ACT 

To  enforce  articles  sixteen  and  seventeen  of  the  Constiution. 
Section  1,  Be  it  enacted  by  the  Senate  and  Hou^e  of 
Representatires  of  the  Commonwealth  of  Pe)nisylraiiia,  in 
General  Assembly  met,  and  it  is  hereby  enacted  by- the  au- 
thority of  the  same,  That,  in  order  to  enforce  articles  six- 
teen and  seventeen,  of  the  Constitution,  which  reads  as  fol- 
lows : 

ARTICLE  XVI. 

PRIVATE    CORPORATIONS. 

"Section  1.  All  existing  charters,  or  grants  of  special  or 
exclusive  privileges,  under  which  a  bona  fide  organization 
shall  not  have  taken  place,  and  business  been  commenced 
in  good  faith,  at  the  time  of  the  adoption  of  this  Constitu- 
tion, shall  thereafter  have  no  validity. 

"  Section  2.  The  General  Assembly  shall  not  remit  the 
forfeiture  of  the  charter  of  any  corporation  now  existing, 
or  alter,  or  amend  the  same,  or  pass  any  other  general 
or  special  law  for  the  benefit  of  such  corporation,  except 
upon  the  condition  that  such  corporation  shall  thereafter 
hold  its  charter  subject  to  the  provisions  of  this  Constitu- 
tion 

"  Section  3.  The  exercise  of  the  right  of  eminent  domain 
shall  never  be  abridged,  or  so  construed,  as  to  prevent  the 
General  Assembly  from  taking  property  and  franchises  of 
incorporated  companies,  and  subjecting  them  to  public  use, 
the  same  as  the  property  of  individuals,  and  the  exercise  of 
the  police  power  of  the  State  shall  never  be  abridged,  or  so 
construed,  as  to  permit  corporations  to  conduct  their  busi- 
ness in  such  manner  as  to  infringe  the  equal  rights  of  in- 
dividuals, or  the  general  well  being  of  the  State. 

"  Section  4.  In  all  elections  for  directors  or  managers  of 
a  corporation,  each  member  or  shareholder  may  cast  the 
whole  number  of  his  votes  for  one  candidate,  or  distribute 
them  upon  two  or  more  candidates,  as  he  may  prefer. 


Unused  charters  to 
be  void. 


No  existing 
charter  to  be  val- 
idated or  amended 
except  upon  condi- 
tion that  it  be  held 
subject  to  the 
Constitution. 


Right  of  eminent 
domain  not  to  be 
abridged  or  police 
power  limited. 


The  free  vote  In 

stockholder 

elections. 


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I 

1 


Foreign  corpora- 
tions to  have 
plares  of  business 
iu  the  State. 


Corporations  not 
to  engage  iu 
business  unauthor- 
ized by  their 
charters. 

Fictitious  increase 
of  slock  or  bonds 
forbidden. 


Taking  or  Injury  of 
private  property. 


Appeals  from 
a^sesbuient  of 
damage. 


Banti  notes  or  bills 
to  be  secured. 


Repeal  or  altera- 
tion of  charters 
authorized. 


Notice  of  bills  to 
create  bankb. 


Telegraph  com- 
panies. 


10 

"Section  T).  No  foreign  corporation  shall  do  any  business 
in  this  State  without  having  one  or  more  known  places  of 
business,  and  an  authorized  agent,  or  agents,  in  the  same, 
upon  whom  process  may  be  served. 

"Section  0.  No  corporation  shall  engage  in  any  business 
other  than  that  expressly  authorized  in  its  charter,  nor  shall 
it  take,  or  hold  any  real  estate,  except  such  as  may  be  ne- 
cessary and  proper  for  its  legitimate  business. 

"  Sectii.n  7.  No  corporation  shall  issue  stocks  or  bonds 
except  for  money  labor  done,  or  money,  or  property  ac- 
tually received,  and  all  fictitious  increase  of  stock  or  in- 
debtedness shall  be  void.  The  stock  and  indebtedness  of 
corporations  shall  not  be  increased,  except  in  pursuance  of 
general  law,  nor  without  the  consent  of  the  persons  hold- 
ing the  larger  amount  in  value  of  the  stocks  lirst  obtained 
at  a  meeting  to  be  held  after  sixty  days'  notice,  to  be  given 
in  pursuance  of  law. 

"  Section  8.  Municipal  and  other  corporations  and  in- 
dividuals invested  with  the  privilege  of  taking  private  prop- 
erty for  public  use,  shall  make  just  compensation  for  prop- 
erty taken,  injured,  or  destroyed  by  the  construction  or 
enlargement  of  their  works,  highways,  or  improvements, 
which  compensation  shall  be  paid,  or  secured  before  such 
takino:,  injurv,  or  destruction.  The  General  Assemblv  is 
herel)y  prohibited  from  depriving  any  person  of  an  appeal 
from  anv  preliminarv  assessment  of  damaofes  acjainst  any 
such  corporations  or  individuals  made  by  viewers  or  other- 
wise, and  the  amount  of  such  damages,  in  all  cases  of  ap- 
peal, shall  on  the  demand  of  either  })aity  be  determined  by  a 
jury  according  to  the  course  of  the  common  law. 

"Section  9.  Every  banking  law  shall  provide  for  the  re- 
gistry and  countersigning  by  an  ollficer  of  the  State  of  all 
notes  or  bills  designed  for  circulation,  and  that  ample 
security,  to  the  full  amount  thereof,  shall  be  deposited  with 
the  auditor  general  for  the  redemption  of  such  notes  or 
bills. 

"Section  10.  The  general  assembly  shall  have  the  power 
to  alter,  revoke,  or  annul  any  charter  of  incorporation  now 
existing  and  revokable  at  the  adoption  of  this  constitution, 
or  any  that  may  hereafter  ])e  created,  whenever,  in  their 
opinion,  it  may  be  injurious  to  the  citizens  of  this  com- 
monwealth, in  such  manner,  however,  that  no  injustice  shall 
be  done  to  the  corporators.  No  law  hereafter  enacted  shall 
create,  renew,  or  extend  the  charter  of  more  than  one  cor- 
poration. 

"Section  1 1.  No  corporate  body  to  possess  ])anking  and 
discounting  privileges  shall  be  created  or  organized  in  ])nr- 
suance  of  any  law,  without  three  months'  previous  public 
notice  at  the  place  of  the  intended  location,  of  the  intention 
to  apply  for  such  privileges,  in  such  manner  as  shall  be 
prescribed  by  law,  nor  shall  a  charter  for  such  privilege  be 
granted  for  a  longer  period  than  twenty  years. 

"Section  12.  Any  association  or  corporation  organized 
for  the  purpose,  or  any  individual,  shall  have  the  right  to 


] 


11 

construct  and  maintain  lines  of  telegraph  within  this  state 
and  to  connect  the  same  w^ith  other  lines,  and  the  General 
Assembly  shall,  by  general  law  of  uniform  operation,  pro- 
vide reasonable  regulations  to  give  full  effect  to  this  sec- 
tion. No  telegraph  company  shall  consolidate  wath  or  hold 
a  controlling  interest  in  the  stock  or  bonds  of  any  other  tel- 
egraph company  owning  a  competing  line,  or  acquire  by 
purchase  or  otherwise  any  competing  line  of  telegraph. 

"Section  18.  The  term  'corporations'  as  used  in  this 
article  shall  be  construed  to  include  all  joint  stock  compa- 
nies or  associations,  having  any  of  the  powers  or  privileges 
of  corporations,  not  possessed  by  individuals  or  partner- 
ships." 

ARTICLE  XYII. 

railroads  and  canals. 

"Section  1.  All  railroads  and  canals  shall  be  public 
highways,  and  all  railroad  and  canal  companies  shall  be 
common  carriers.  Any  association  or  corporation  organ- 
ized for  the  purpose,  shall  have  the  right  to  construct  and 
operate  a  railroad  between  any  points  within  this  state  and 
to  connect  at  the  state  line  with  railroads  of  other  states. 
Every  railroad  company  shall  have  the  right,  with  its  road, 
to  intersect,  connect  with,  or  cross  any  other  railroad  and 
shall  receive  and  transport  each  the  other's  passengers, 
tonnage,  and  cars  loaded  or  empty,  without  delay  or  dis- 
crimination. 

"Section  2.  Every  railroad  and  canal  corporation  organ- 
ized in  this  state,  shall  maintain  an  ofiice  therein,  where 
transfers  of  its  stock  shall  be  made  and  where  its  books 
shall  be  kept  for  inspection  by  any  stockholder  or  creditor 
of  such  corporation,  in  which  shall  be  recorded  the  amount 
of  capital  stock  subscribed  or  paid  in.  and  by  whom  the 
names  of  the  owners  of  its  stock  and  the  amounts  owned 
by  them  respectively,  the  transfers  of  said  stock  and  the 
names  and  places  of  residence  of  its  officers. 

"  Section  8.  All  individuals,  associations,  and  corpora- 
tions shall  have  equal  right  to  have  persons  and  property 
transported  over  railroads  and  canals,  and  no  undue 
or  unreasonable  disci imi nation  shall  be  made  in  charges 
for  or  in  facilities  for  transportation  of  freight  or  pas- 
sengers within  the  state,  or  coming  from  or  going  to 
any  other  state.  Persons  and  property  transported  over 
any  railroad  shall  be  delivered  at  any  station  at  charges 
not  exceeding  the  charges  for  transportation  of  persons 
and  property  of  the  same  class  in  the  same  direction  to  any 
more  distant  station,  but  excursion  and  commutation  tickets 
may  be  issued  at  special  rates. 

"Section  4  No  railroad,  canal  or  other  corporation,  or 
the  lessees,  purchasers  or  managers  of  any  railroad  or  canal 
corporation,  shall  consolidate  the  stock,  property  or  franchises 
of  such  corporation  with,  or  lease  or  purchase  the  works  or 
franchises  of,  or  in  any  way  control,  any  other  railroad  or 
canal  corporation  owning  or  having  under  its  control  a  paral- 


Theword  "corpo- 
rations" defined. 


Railroads  and 
canals  public  high- 
ways and  railroad 
and  canal  com- 
panies common 
carriers. 


Railroad  and  canal 
companies  to  keep 
offices  in  this 
State. 


Discrimination  in 
charges  forbidden. 


ConsolidaUon  with 
competing  com- 
panies forbidden. 


ii 


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Common  carrier 
companies  not  to 
enirage  In  other 
business. 


Officers  and  em- 
ployees not  to 
furnish  supplies. 


Discrimination  by 
drawbacks  pro- 
hibited. 


Free  passes. 


Street  railways. 


Acceptance  of 
article  by  com- 
panies. 


Duties  and  powers 
of  Secietary  of 
Internal  Affairs. 


Appropriate  legis- 
lation. 


f  .. 


12 

lei  or  competing  line;  nor  shall  any  Officer  of  such  railroad 
or  canal  corporation  act  as  an  officer  of  any  other  railroad 
or  canal  corporation  owning  or  having  control  of  a  parallel 
or  competing  line;  and  the  question  whether  railroads  or 
canals  are  parallel  or  competing  lines  shall  when  demanded 
by  the  party  complainant  be  decided  by  a  jury  as  in  other 
civil  issues. 

"Section  5.  No  incorporated  company  doing  the  busi- 
ness of  common  carrier  shall,  directly  or  indirectly,  prosecute 
or  engage  in  mining  or  manufacturing  articles  for  trans- 
portation over  its  works;  nor  shall  such  company,  directly  or 
indirectly,  engage  in  any  other  business  than  that  of  com- 
mon carriers,  or  hold  or  accjuire  lands,  freehold  or  leasehold, 
directly  or  indirectly,  except  such  as  shall  be  necessary  for 
carrying  on  its  business;  but  any  raining  or  manufacturing 
company  may  carry  the  products  of  its  mines  and  manu- 
factories on  its  railroad  or  canal  not  exceeding  Hfty  miles 
in  length. 

"  Section  ().  No  president,  director,  officer,  agent  or  em- 
ploy6  of  any  railroad  or  canal  company  shall  be  interested, 
directly  or  indirectly,  in  the  furnishing  of  material  or  sup- 
plies to  such  company,  or  in  the  business  of  transportation 
as  a  common  carrier  of  freight  or  passengers  over  the  works 
owned,  leased,  controlled  or  worked  by  such  company. 

"  Section  7.  No  discrimination  in  charges  or  facilities  for 
transportation  shall  be  made  between  transportation  com- 
panies and  individuals,  or  in  favor  of  either,  by  abatement, 
drawback  or  otherwise;  and  no  railroad  or  canal  company 
or  any  lessee,  manager  or  employ^,  thereof,  shall  make 
any  preferences  in  furnishing  cars  or  motive  power. 

"  Section  (S.  No  railroad,  railway  or  other  transportation 
company  shall  grant  free  passes  or  passes  at  a  discount  to 
any  person  except  officers  or  employes  of  the  company. 

"  Section  {).  No  street  passenger  railway  shall  be  con- 
structed within  the  limits  of  any  city,  borough  or  township 
without  the  consent  of  its  local  authorities. 

'•  Section  10.  No  railroad,  canal  or  other  transportation 
company  in  existence  at  the  time  of  the  adoption  of  this 
article  shall  have  the  benefit  of  any  future  legislation  by 
general  or  special  laws,  except  on  condition  of  complete  ac- 
ceptance of  all  the  provisions  of  this  article. 

"Section  11.  The  existing  powers  and  duties  of  the 
Auditor  General  in  regard  to  railroads,  canals  and  other 
transportation  companies,  except  as  to  their  accounts,  are 
hereby  transferred  to  the  Secretary  of  Internal  Affairs,  who 
shall  have  a  general  supervision  over  them,  subject  to  such 
regulations  and  alterations  as  shall  be  provided  by  law,  and 
in  addition  to  the  annual  reports  now  required  to  be  made, 
said  Secretary  may  retpiire  special  reports  at  any  time  upon 
any  subject  relating  to  the  business  of  said  companies  from 
any  officer  or  officers  thereof. 

"Section  12.  The  general  assembly  shall  enforce  by  ap- 
propriate legislation  the  provisions  of  this  article. 

"The  several  courts  of  this  commonwealth  shall,  in  ad- 


W^mi^AMlJ^^^ 


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■:>  i/M* 


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J.iLl'iyi^ii 


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13 

dition  to  the  remedies  which  now  are  or  may  hereafter  be 
given  by  law,  have  full  power  by  quo  ivarrartio,  mandamus 
injunction  and  attachment   to    enforce  every  provision  of 
articles  sixteen  and  seventeen  of  the  constitution,  at  the 
suit  of  the  commonwealth,  at  the  relation  of  the  railway 
commissioners  hereinafter  provided  for,  or  of  the  attorney 
general,  or  of  any  district  attorney,  (who  shall  therein  be 
subject  to  the  supervision  and  control  of  the  attorney  gen- 
eral,) or  of  any  person,  firm,  corporation,  or  association,  or 
any'  mercantile,  agricultural,  or  manufacturing  society,  or 
any  body  politic  or  municipal  organization  claiming  to  be 
injuriously  affected  by  any  act  or  neglect  contrary  to  the 
provisions  of  the  said  articles  sixteen  and  seventeen  of  the 
constitution.    The  courts  shall  make  all  orders  necessary  to 
the  prompt  disposition  of  such  cases,  and  shall  dispose  of 
them  within  ninety  days  after  the  same  are  at  issue.     The 
court  shall  ascertain  the  damage  sustained  by  any  party  to 
the  said  proceedings,  and  shall  give  judgment  therefor.    The 
claim  that  any  testimony  or  evidence  may  tend  to  criminate 
the  person  giving  such  evidence  shall  not  excuse  such  witness 
from  testifying,  but  such  evidence  or  testimony  shall  not  be 
used  against  such  person  in   the  trial  of  any  criminal  or 
other  legal  proceeding.     No   action  shall  be  at  any  time 
dismissed  because  of  the  absence  of  direct  damage  to  the 

relator. 

"In  any  proceedings  against  any  common  carrier,  under 
this  or  any  other  act  of  assembly  now  in  force,  or  which  may 
hereafter  be  enacted,  the  findings  of  the  railway  commission 
hereinafter  provided  for  shall  be  conclusive  in  all  actions, 
except  for  damages  to  individuals,  and,  in  such  cases,  said 
findings  shall  be  prima  facie  evidence. 

"Any  testimony  taken  before  said  commission  may  in 
any  proceeding  be  used  as  evidence  as  to  all  parties  who 
were  parties  to  the  proceeding  before  the  commission,  and 
the  complainant  may  demand  a  jury  trial.  Complainant's 
costs  therein  shall  include  all  outlays  which  the  court  shall 
find  to  have  been  necessary  for  the  proper  presentation  of 
the  cases,  together  with  a  reasonable  attorney's  fee,  all  of 
which  shall  be  taxed  and  paid  under  the  direction  of  the 
court.  The  final  judgment  of  the  common  pleas  shall  be 
subject  to  review  by  the  supreme  court  upon  the  appellant 
entering  such  security  as  shall  be  approved  by  the  court  of 
common  pleas,  suffici'ent  in  amount  to  protect  the  appellee 
from  all  loss  by  reason  of  the  pendency  of  such  appeal, 
which  shall  not' be  a -supersedeas,  except  by  special  allow- 
ance by  a  justice  of  the  supreme  court  for  reasons  assigned 
by  him  in  writing,  and  upon  notice  to  the  commission." 

Section  2.  That  it  shall  be  unlawful  for  any  common 
carrier  to  enter  into  any  contract,  agreement  or  combination 
with  any  other  common  carrier  or  carriers,  for  the  pooling 
of  freights  of  difterent  and  competing  railroads  or  canals, 
or  to  divide  between  them  the  aggregate  or  net  proceeds  of 
the  earnings  of  such  railroads  or  canals,  or  any  portion 
thereof,  and  in  any  case  of  an  agreement  for  the  pooling  of 


Courts  empowered 
to  enforce  by  quo 
warranto  man- 
damus Injunction 
and  attachment. 


Courts  to  dispose 
of  cases  within 
ninety  days. 


Testimony  of 

witnesses. 


Dismissal  of 
complaint. 


Findings  of  com- 
roission  concluslTe 
in  all  actions  ex- 
cept for  damages 
to  individuals,  and 
In  such  cases  2>ri ma 
facie  evidence. 


Testimony. 


Appeal. 


Pooling  prohib- 
ited. 


yi^^ 


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I 


il-c 


F 


mf^^^W%r  iw^^W>^m 


mm'^ 


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pi 


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r 


J. 


Posting  of  rales. 


%.H 


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ft    %         ■*"  ., 

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■  %# 


15 ' 


Terminals. 


Changes  In  rates. 


14 

freights  as  aforesaid,  each  day  of  its  continuaDce  shall  be 
deemed  a  separate  offense. 

Section  8.   That  every  common   carrier  shall,  under  the 
direction  of  the  commission,  print  and  keep  for  public  in- 
spection schedules  showing  the  rates  and  fares  and  charges 
for  the  trans})ortation  of  passengers  and  property    whTch 
any  such  common  earner  has  established,  and  which  are  in 
force  at  the  time  upon  its  railroad  or  canal.     The  schedules 
printed  as  aforesaid  by  any  such  common    carrier,    shall 
plainly  state  the  places  upon  its  railroad  or  canal,  between 
which   property  and   passenger  will  be  carried,  and  shall 
contain  the  classification  of  freight  in  force  upon  such  rail- 
road or  canal,  and  shall  also  state  separately  the  terminal 
charges   and  any  rules  or  regulations  which  in   any  wise 
change,   affect  or  determine  any  part  of  the  aggregate  of 
such  aforesaid  rates  and  fares  aiid  charges.      Such  schedules 
shall  be  plainly  printed  in  large  type  of  at  least  the  size  of 
ordinary  pica  and  copies  for  the  use  of  the  public  shall  be 
kept  in  every  depot  or  station,  upon  any  such  railroad  or 
canal,  in   such  places  and  in  such  form*  that  thev  can  be 
conveniently  inspected:     Provided,  That  special  'terminal 
charges  necessary  on  single  pieces  of  freight  weighing  one 
ton  and  upwards  need  not  be  published  or  posted. 

No  advance  shall  be  made  in  the  rates,  fares,  and  charges 
which  have  been  established  and  published  as  aforesaid  1)y 
any  common  earner,  except  after  ten  days'  public  notice, 
which  shall  plainly  state  the  changes  proposed  to  be  made 
in  the  schedule  then  in  force,  and  the  time  when  the  in- 
creased rates,  fares,  or  charges  will  go  into  effect,  and  the 
proposed  changes  shall  be  shown  by  printing  new  schedules, 
lieductions  in  such  published  rates,  fares,  or  charges  may 
be  made  without  previous  public  notice,  but  wiienever  any 
such  reduction  is  made,  notice  of  the  same  shall  immedi- 
ately be  publicly  posted,  and  ihe  changes  made  shall  imme- 
diately be  made  i)ublic  by  [)rinting  new  schedules. 

And  when  any  such  common  carrier  shall  have  established 
and  published  its  rates,  fares,  and  charges  in  compliance 
with  the  provisions  of  this  section,  it  shall  be  unlawful  for 
such  common  can-ier  to  charge,  demand,  collect,  or  receive 
from  any  i)erson  or  persons  a  greater  or  less  compensation 
for  the  transportation  of  passengers  or  property,  or  for  any 
services  in  connection  therpwith,  than  is  specified  in  such 
published  schedule  of  rates,  fares,  and  charges  as  may  at 
the  time  be  in  force.  But  this  act  shall  not  be  construed  as 
authorizing  any  common  carrier  within  the  terms  of  this 
act  to  charge  and  receive  as  great  compensation  for  a 
shorter  as  for  a  longer  distance. 

All  charges  made  for  any  service  rendered  or  to  be  ren- 
dered in  the  transportation  of  i)assengers  or  property,  or  in 
connection  therewith,  or  for  the  receiving,  delivering.'  stor- 
age, or  handling  of  such  property,  shall  be  reasonable  and 
just,  and  every  unjust  and  unreasonable  charge  for  such 
service  is  prohibited  and  declared  to  be  unlawful. 
Filing  of  schedules        Every  common   carrier  shall    file  with   the  commission 


Rates  to  be  adhered 
to. 


Charges  to  he 
reasonable  and 
just. 


15 

hereinafter  provided  for  copies  of  its  schedules  of  rates, 
fares,  and  charges  which  have  been  established  and  pub- 
lished in  compliance  with  the  requirements  of  this  section, 
and  shall  promptly  notify  said  commission  of  all  changes 
made  in  the  same.  Every  such  common  carrier  shall  also 
file  with  said  commission  copies  of  all  contracts,  agreements, 
or  arrangements  with  other  common  carriers  in  relation  to 
any  traffic  affected  by  the  provisions  of  this  act,  to  which  it 
may  be  a  party.  And  in  cases  where  passengers  and  freight 
pass  over  continuous  lines  or  routes  operated  by  more  than 
one  common  carrier,  and  the  several  common  carriers  oper- 
ating such  lines  or  routes  establish  joint  tariff's  of  rates  or 
fares  or  charges  for  such  continuous  lines  or  routes,  copies 
of  such  joint  tariffs  shall  also,  in  like  manner,  be  filed  with 
said  commission.  Such  joint  rates,  fares,  and  charges  on 
such  continuous  lines  so  filed  as  aforesaid  shall  be  made 
public  by  such  common  carriers  when  directed  by  said 
commission,  in  so  far  as  may,  in  the  judgment  of  the  com- 
mission, be  deemed  practicable,  and  said  commission  shall 
from  time  to  time  prescribe  the  measure  of  publicity  which 
shall  be  given  to  such  rates,  fares,  and  charges,  or  to  such 
part  of  them  as  it  may  deem  it  practicable  for  such  common 
carriers  to  i)ublish,  and  the  places  in  which  they  shall  be 
published,  but  no  common  carrier,  party  to  any  such  joint 
tariff',  shall  be  liable  for  the  failure  of  any  other  common 
carrier,  party  thereto,  to  observe  and  adhere  to  the  rates, 
fares,  or  charges  thus  made  and  published. 

The  term  "railroad  "  as  used  in  this  act  shall  include  all 
bridges  and  ferries,  used  or  operated  in  connection  with  any 
railroad,  and  also  all  the  road  in  use  by  any  corporation 
operating  a  railroad  whether  owned  or  operated  under  a 
contract,  agreement,  or  lease,  and  the  term  ''transportation'' 
shall  include  all  instrumentalities  of  shipment  or  carriage. 
But  this  shall  not  be  construed  as  requiring  any  such  com- 
mon carrier  to  give  the  use  of  its  tracks  or  terminal  facilities 
to  another  carrier  engaged  in  like  business. 

Section  4.  That  any  common  carrier,  or  whenever  such 
common  carrier  is  a  corporation  any  director  or  officer 
thereof,  or  any  receiver,  trustee,  or  lessee,  or  person,  or 
persons  who  make  rates,  or  manage  the  aff'airs  of  a  common 
carrier,  who,  alone  or  with  any  other  corporation,  company, 
person,  or  party,  shall  willfully  do  or  cause  to  be  done,  or 
shall  willingly  suff'er,  or  permit  to  be  done,  any  act,  matter, 
or  thing  in  this  act  prohibited  or  declared  to  be  unlawful, 
or  who  shall  aid  or  abet  therein,  or  shall  w^illfuUy  omit  or 
fail  to  do  any  act,  matter,  or  thing  in  this  act  required  to  be 
done,  or  shall  cause,  or  willingly  suff'er,  or  permit  any  act, 
matter,  or  thing  so  directed  or  rec^uired  by  this  act  to  be 
done,  or  not  to  be  done,  or  shall  aid  or  abet  any  such  omis- 
sion or  failure,  or  shall  be  gnilty  of  any  infraction  of  this 
act,  or  shall  aid  or  abet  therein,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall,  upon  conviction  thereof,  be  subject 
to  a  fine  of  not  to  exceed  five  thousand  dollars  for  each  offense. 

If  in  any  such  prosecution  the  jury  find  specially  that  in 


of  rates  and  con- 
tracts. 


Joint  lariflf  of 
rates. 


Meabure  of  pub- 
licUy  of  jt)iut 
tariffs  to  be  pre- 
scribed by  com- 
mission. 


The  terms  "  rall- 
rojid  '"'and 
"■transportation  " 
defined. 


Terminals. 


Criminal  penalties. 


\-m 


J  i-'iS^i^ 


.M^^^i: 


t^fm'eifmim'^^ 


m^^^^^ 


'■'^^r*?i*' 


m^^^^mm^m 


4 


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H  * 

' . ,  -    \ 


pi  fj 

"i'i 


Imprisonment. 


Creation  of 
commission. 


Commission  to 
Inquire  into  llie 
management  of  the 
business  of  all 
common  carriers. 


Testimony. 


Appeal. 


IE       '1         -f  * 


the  commission  of  such  misdemeaaor  any  person  was  will- 
fully injured,  who  was  or  had  been  a  party  to  any  proceed- 
ing in  court,  or  before  the  commission  against  the  defend- 
ant, or  the  common  carrier,  of  which  he,  the  defendant,  is  or 
was  an  officer,  or  employ 6,  then,  in  addition  to  a  fine,  the  court 
shall  imprison  the  defendant  for  a  term  not  exceeding  two 
years. 

Section  5.  That  a  commission  is  hereby  created  and 
established  to  be  known  as  the  railroad  commission,  which 
shall  be  composed  of  five  commissioners  who  shall  be  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  con- 
sent of  the  Senate.  The  commissioners  first  appointed  under 
this  act  shall  continue  in  office  for  the  term  of  two,  three, 
and  four  years  respectively  from  the  first  day  of  July,  Anno 
Domino  one  thousand  eight  hundred  and  eighty- seven,  the 
term  of  each  to  be  designated  by  the  governor,  but  their 
successors  shall  be  appointed  for  terms  of  four  years,  except 
that  any  person  chosen  to  fill  a  vacancy  shall  be  appointed 
only  for  the  unexpired  time  of  the  commissioner  whom  he 
shall  succeed.  Any  commissioner  may  be  removed  by  the 
governor  for  inefficiency,  neglect  of  duty,  or  malfeasance  in 
office.  Not  more  than  three  of  the  commissioners  shall  be 
appointed  from  the  same  political  party.  No  person  in  the 
employ  of,  or  holding  any  official  relation  to,  any  common 
carrier,  or  owning  stock  or  bonds  thereof,  or  who  is  in  any 
manner  pecuniarily  interested  therein  shall  enter  upon  the 
duties  of,  or  hold  such  office.  Said  commissioners  shall  not 
engage  in  any  other  business  vocation  or  employment.  No 
vacancy  in  the  commission  shall  impair  the  right  of  the  re- 
maining commissioners  to  exercise  all  the  powers  of  the 
commission. 

Section  6.  That  the  commission  hereby  created  shall 
have  authority  to  inquire  into  the  management  of  the  busi- 
ness of  all  common  carriers,  and  shall  keep  itself  informed 
as  to  the  manner  and  method  in  which  the  same  is  con- 
ducted, and  shall  have  the  right  to  obtain  from  such  common 
carriers,  full  and  complete  information  necessary  to  enable 
the  commission  to  perform  the  duties  and  carry  out  the  ob- 
jects for  which  it  was  created,  and  for  the  purposes  of  this  act, 
the  commission  shall  have  power  to  re(|uire  the  attendance 
and  testimony  of  witnesses  and  the  production  of  all  books, 
papers,  tariffs,  contracts,  agreements,  and  documents  relat- 
ing to  any  matter  under  investigation,  and  to  that  end  may 
issue  subpoenas  requiring  the  attendance  and  testimony  of 
witnesses  and  the  production  of  books,  papers,  and  docu- 
ments under  the  provisions  of  this  section,  and  may  enforce 
its  orders  herein  by  attachment.  Any  person  claiming  to  be 
injured  by  the  issuing  of  an  attachment  may  have  the  same 
inquired  into  summarily,  but  upon  notice  to  the  commission 
by  any  law  judge  who  may,  pending  said  inquiry,  admit  the 
petitioner  to  l)ail.  Both  the  petitioner  and  the  commission 
may  appeal  to  the  court  in  banc  and  to  the  Supreme  Court 
from  any  final  order  upon  such  petition.  Neither  appeal 
shall  be  a  supersedeas  except  by  a  written  order  of  a  judge 


17 

of  either  court  assigning  the  reasons  therefor  and  upon  no- 
tice to  the  commission. 

The  commission  may  by  an  order,  in  any  particular  case, 
or  by  general  orders,  provide  for  the  taking  of  testimony 
by  one  or  more  of  the  commissioners,  or  by  other  compe- 
tent authority,  and  the  examination  and  report  thereupon 
by  one  or  more  commissioners  to  the  commission,  but  all 
final  orders  shall  be  made  by  the  commission  upon  notice 
and  hearing  of  the  parties  to  the  complaint. 

The  records  and  proceedings  of  the  commission  shall  be 
public,  and  every  case  shall  be  heard  and  finally  determined 
within  sixty  days  after  the  testimony  is  closed,  and  any 
party  may  by  notice  require  all  the  parties  to  close  the 
taking  of  testimony  in  thirty  days.  The  commission  may 
in  any  case  on  application  of  any  party,  extend  the  time  for 
taking  testimony. 

The  commission  shall  sit  in  banc  for  the  trial  of  com- 
plaints at  least  once  a  month,  and  shall  take  up  and  hear 
all  cases  ready  for  hearing,  and  no  case  shall  be  continued 
witbouc  the  consent  of  the  complainant,  unless  the  commis- 
sion note  on  their  docket  the  reason  for  the  continuance. 

The  claim  that  any  such  testimony  or  evidence  may  tend 
to  criminate  the  person  giving  such  evidence,  shall  not  ex- 
cuse such  witness  from  testifying,  but  such  evidence  or  tes- 
timony shall  not  be  used  against  sucli  person  on  the  trial  of 
any  criminal  or  other  legal  proceeding. 

Section  7.  That  any  person,  firm,  corporation,  or  associ- 
ation, or  any  mercantile,  agricultural,  or  manufacturing 
society,  or  any  body  politic,  or  municipal  organization, 
complaining  of  anything  done,  or  omitted  to  be  done,  by 
any  common  carrier  in  contravention  of  the  provisions 
thereof,  may  apply  to  said  commission  by  petition,  which 
shall  briefly  state  the  facts,  and  shall  furnish  the  commission 
a  copy  thereof,  which  shall  be  forthwith  forwarded  by  the 
commission  to  such  common  carrier,  who  shall  be  called  upon 
to  satisfy  the  complaint,  or  to  answer  the  same  in  writing 
within  a  reasonable  time  to  be  specified  by  the  commission. 
If  such  common  carrier  within  the  time  specified  shall 
make  reparation  for  the  injury  alleged  to  have  been  done, 
said  carrier  shall  be  relieved  of  liability  to  the  complain- 
ant only  for  the  particular  violation  of  law  thus  complained 
of.  If  such  carrier  shall  not  satisfy  the  complaint  within 
the  time  specified,  or  there  shall  appear  to  be  any  reason- 
able ground  for  investigating  said  complaint,  it  shall  be  the 
duty  of  the  commission  to  investigate  the  matters  com- 
plained of  in  such  manner  and  by  such  means  as  it  shall 
deem  proper. 

No  complaint  shall  at  any  time  be  dismissed  because  of 
the  absence  of  direct  damage  to  the  complainant. 

Section  8.  That  whenever  an  investigation  shall  be  made 
by  said  commission,  it  shall  be  its  duty  to  make  a  report  in 
writing  in  respect  thereto,  which  shall  include  the  findings 
of  fact  upon  which  the  conclusions  of  the  commission  are 
based,  together  with  its  recommendation  as  to  what  repara- 

2 


Testimony. 


Commission  to 
dispose  of  cases 
wiihin  ninety 
days. 


Testimony^. 


Action  upon  com- 
plaint to  commis- 
sion. 


Dismissal  of  com- 
plaint. 

Report  of  investi- 
gation of  com- 
plaint. 


[-'.* 


-4 


T— TT 


wmwmmm 


Ki^iS^SiS 


■^y;:smm^^K^t*"<:-'^'*^W^^fmmsr' 


*t  ^  y, " 


pi;  *-■ 


V 


IS    ' 

'  IS 


Jl 


0:  \ 


r^:^ 


!>       I 


S^3:;;,^4 


Commission  to 
malce  any  inquiry 
It  icay  see  St. 


Procedure  in  case 
of  satisfaction  of 
complaint. 


Salaries. 


18 

tion,  if  any,  should  be  made  by  the  common  carrier  to  any 
party  or  parties,  or  locality  found  to  be  have  been  injured. 

All  reports  of  investigations  made  by  the  commission 
shall  be  entered  of  record  and  a  copy  thereof  shall  be  fur- 
nished to  the  parties. 

In  all  cases  where  the  commission  shall  find  that  there 
was  probable  cause  for  the  making  of  the  complaint,  the 
cost  of  taking  testimony,  including  stenographer's  charges, 
to  be  fixed  by  the  commission,  and  the  cost  of  printing 
shall  be  paid  by  the  common  carrier  complained  of,  and  the 
commission  shall  compel  payment  by  attachment. 

The  commission  may,  on  its  own  motion,  make  any  in- 
quiry it  may  see  fit,  and  the  cost  thereof,  when  audited  by 
the  Auditor  General  and  State  Treasurer,  shall  be  paid  out 
of  the  State  treasury  by  warrants  drawn  by  the  commission 
upon  said  State  Treasurer,  and  the  necessary  money  to  meet 
the  same  is  hereby  appropriated  from  time  to  time  out  of 
any  funds  in  the  State  Treasury  not  otherwise  appropriated. 

Section  \).  That  if  in  any  case  in  which  an  investiga- 
tion shall  be  made  by  said  commission  it  shall  be  made  to 
appear  to  the  satisfaction  of  the  commission,  either  by  the 
testimony  of  witnesses  or  other  evidence,  that  anything  has 
been  done,  or  omitted  to  be  done,  in  violation  of  the  pro- 
visions of  this  act,  or  of  any  law  cognizable  by  said  com- 
mission, by  any  common  carrier,  or  that  any  injury  or  dam- 
age has  been  sustained  by  the  party  or  parties  com[)laining, 
or  by  other  parties  aggrieved  in  consequence  of  any  such 
violation,  it  shall  be  the  duty  of  the  commission  to  forth- 
with cause  a  copy  of  its  report  in  respect  thereto  to  be 
delivered  to  such  common  carrier,  together  with  a  notice  to 
said  common  carrier  to  cease  and  desist  from  such  violation, 
or  to  make  reparation  for  the  injury  so  found  to  have  been 
done,  or  both,  within  a  reasonable  time,  to  be  specified  by 
the  commission;  and  if,  within  the  time  specified,  it  shall 
be  made  to  appear  to  the  commission  that  such  common 
carrier  has  ceased  from  such  violation  of  law,  and  has  made 
reparation  for  the  injury  found  to  have  been  done,  in  com- 
pliance with  the  report  and  notice  of  the  commission,  or  to 
the  satisfaction  of  the  party  complaining,  a  statement  of 
that  efiPtct  shall  be  entered  of  record  by  the  commission,  and 
the  said  common  caiTier  shall  thereu})on  be  relieved  from 
further  liability  or  penalty  for  such  particular  violation  of 
law,  except  for  any  pecuniary  damage  sustained  by  any 
person  injured  by  such  violation,  and  the  decisions  of  the 
commission  shall  be  enforced  by  the  courts  as  provided  in 
section  first  of  this  act. 

Section  10.  That  each  commissioner  shall  receive  an 
annual  salary  of  seven  thousand  five  hundred  dollars,  pay- 
able in  the  same  manner  as  the  salaries  of  judges  of  the 
courts  of  the  Commonwealth.  The  commission  shall  ap- 
point a  secretary,  who  shall  receive  an  annual  salary  of  three 
thousand  five  hundred  dollars,  payable  in  like  manner.  The 
commission  shall  have  authority  to  employ  and  fix  the  com- 
pensation of  such  other  employes  as  it  may  find  necessary  to 


19 

the  proper  performance  of  its  duties,  subject  to  the  approval 
of  the  Auditor  General  and  State  Treasurer. 

The  commission  shall  be  furnished  by  the  Auditor  Gen- 
eral and  State  Treasurer  with  suitable  offices  and  all  neces- 
sary office  supplies.  Witnesses  summoned  before  the  com- 
mission shall  be  paid  the  same  fees  and  mileage  that  are 
paid  witnesses  in  the  courts  of  the  Commonwealth. 

All  the  above  expenses  of  the  commission,  including  all 
necessary  expenses  for  trans[)ortation  incurred  by  the  com- 
missioners, or  by  their  employes  under  their  orders,  in  mak- 
ing any  investigation  in  any  other  places  than  in  the  city  of 
Harrrisburg,  and  for  printing  the  commission's  annual  re- 
port, shall  be  allowed  and  paid  by  warrants  drawn  by  the 
commission  on  the  State  Treasurer,  on  the  presentation  of 
itemized  vouchers  therefor,  approved  by  the  Chairman  of 
the  commission  and  the  Auditor  General  and  State  Treas- 
urer, and  the  necessary  money  to  meet  the  same  is  hereby 
appropriated  from  time  to  time  out  of  any  funds  in  the  State 
treasury  not  otherwise  appropriated. 

Section  11.  That  the  commission  is  hereV)y  authorized  to 
require  annual  reports  from  all  common  c  irriers,  to  fix  the 
time  and  prescribe  the  manner  in  which  such  reports  shall 
be  made,  and  to  require  from  such  carriers  specific  an- 
swers to  all  questions  upon  whish  the  commission  may 
need  information.  Such  annual  reports  shall  show,  in  de- 
tail, the  amount  of  capital  stock  issued,  the  amounts  paid 
therefor,  and  the  manner  of  payment  for  the  same:  the 
dividends  paid;  the  surplus  fund,  if  any,  and  the  number 
of  stockholders;  the  funded  and  floating  debts,  and  in- 
terest paid  thereon;  the  cost  and  value  of  the  carriers 
property,  franchises,  and  equipment;  the  number  of  em- 
ployes and  salaries  paid  each  class;  the  amounts  ex- 
pended for  improvements  each  year;  how  expended,  and 
the  character  of  such  improvements:  the  earnings  and  re- 
ceipts from  each  branch  of  business  and  from  all  sources; 
the  operating  and  other  expenses:  the  balances  of  profit 
and  loss  and  a  complete  exhibit  of  the  financial  operations 
of  the  carrier  each  year,  including  an  annual  balance-sheet. 
Such  rej)orts  shall  also  contain  such  information  in  rela- 
tion to  rates  or  regulations  concerning  fares  or  freights  or 
ajrreements,  arranfjements  or  contracts  with  other  common 
carriers  as  the  commissiou  may  require,  and  the  said  com- 
mission may.  within  its  discretion,  for  the  purpose  of  en- 
abling it  the  better  to  carry  out  the  purposes  of  this  act, 
prescribe  (if  in  the  opinion  of  the  commission  it  is  prac- 
ticable to  prescribe  such  uniformity  and  methods  of  keep- 
ing accounts)  a  period  of  time  within  which  all  common 
carriers  shall  have,  as  near  as  may  V)e,  a  uniform  system  of 
accounts  and  the  manner  in  which  such  accounts  shall  be 
kept. 

The  commissiou  may  from  time  to  time  make  classifica- 
tions of  freight. 

Section  VL  That  the  commission  shall  on  or  before  the 
first  day  of  December  in  each  year,  make  a  report  to  the 


Offices  of  the 
comiuission  and 
expenses. 


Annual  reports 
from  carriers. 


Uniformity  of 
accounts. 


Commission  to 
make  classifica- 
tions of  ireight. 

Report  of  commis- 
sion. 


I 


P 


I        f  ■ 


;  »  ,  Jl 


'».' 


i£4k»iimMi 


CliA-si.k.'  dtSiyU'i.rita 


}m?f^,m^. 


.  ,  «>--^.;^«..rT^^_;,Jj.  ,y  ^-  .- ,  >i-f^(^Jf^   mi>f^'?S^^^^^^'W^-^^**'    »  ■;^'<      !**;•;  '^^ 


V* 


\r 


To  go  Into  effect. 


Railroads  not  to 
obtain  control  of 
canals. 


Attorney  General 
lo  prosecute  civilly 
and  criminally. 


ML 


Costs  of  coram is- 
Blon  imposed  upon 
railroads. 


20 

Governor,  which  shall  be  by  him  transmitted  to  the  legisla- 
ture, and  copies  of  which  shall  be  distributed  under  the 
direction  of  the  commission.  This  report  shall  contain 
such  information  and  data  collected  by  the  commission  as 
may  be  considered  of  value  in  the  determination  of  ques- 
tions connected  with  the  regulation  of  commerce,  together 
with  such  recommendations  as  to  additional  legislation 
relating  thereto  as  the  commission  may  deem  necessary. 

Section  1-1  That  the  provisions  of  this  act  relating  to  the 
appointment  and  organization  of  the  commission  herein 
provided  for,  shall  take  effect  immediately,  and  the  remain- 
ing provisions  of  this  act  shall  take  effect  sixty  days  after 
its  passage. 

Section  14.  No  railroad  company  shall  hereafter  obtain 
control  of  any  canal,  and  those  now  controlled  by  railroad 
companies  shall  be  efficiently  maintained. 

Section  15.  The  attorney  general  shall  represent  the 
commission  in  all  judicial  proceedings,  and  shall,  when  re- 
quired by  the  commission,  at  the  expense  of  the  common- 
wealth, prosecute  civilly  and  criminally  any  corporation  or 
person  infringing  on  the  provisions  of  this  act. 

Section  10.  The  Auditor  General  shall  annually  compute 
the  amount  expended  by  the  commonwealth  for  the  salaries 
of  the  commission,  its  secretary,  stenographer  and  clerks, 
and  for  all  other  expenses  incurred  by  virtue  of  this  act, 
(excej)t  such  as  the  commission  shall  in  any  proceeding 
charge  to  a  particular  company  or  companies)  and  the  gross 
amount  shall  be  divided  amongst  all  the  railroad  companies 
and  canal  companies  doing  business  in  the  commonwealth 
in  proportion  to  the  amounts  paid  by  the  said  companies 
for  tax  on  capital  stock,  and  shall  charge  the  same  to  said 
companies  in  the  annual  settlements  for  tax  on  capital 
stock. 


i^f-'^-i 


1^  ^ 


■% 
,'  H 


No.  3. 

Bill  passed  by  the  United  States  Senate  in  t886,  commonly  known  as  ''The 

Cullom  mil  •' 


8kc.  1. 


'I 


%i   J'    <■, 


k 


Carriers  by  rail  or  by  rail  and  water  en- 
gaged in  inter-Slate  traffic  included 
within  terms  of  act. 

Charges  to  be  reasonable  and  just. 

Discrimination  by  drawback  or  otherwise 
prohibited. 

Undue  or  unreasonable  preference,  or  ad- 
vantage prohibited. 

Facilities  for  interchange  of  traffic. 

Terminals. 

Long  and  short  haul. 

Suspension  in  special  cases. 

Filing  of  rates,  and  publicity  as  far  as 
commission  may  deem  practicable. 

Rates  to  be  adhered  to. 

Exchange  of  free  passes. 

Changes  in  rates. 

Joint  tarltfs  of  rates. 

Failure  to  tile  or  publish  schedules  of  rates. 
Sec.  6.  Continuous  carriage  from  place  of  ship- 
ment to  place  of  destination. 

Criminal  penalties. 

Creation  of  commission. 

To  inquire  Into  the  business  of  all  com- 
mon carriers. 


Sec. 
Sec. 

Sec. 
Sec. 


5. 


Sec. 
Sec. 
Sec. 


8. 
9. 


Sec.   9.  Testimony  before  commission. 

Contempt  for  failure  to  obey  subpoena  of 
commission. 

Sec.  10.  Action  upon  complaint  to  commission. 
Dismissal  of  complaint. 

Sec.  11.  Findingsof  commission  tohe prima/ncie 
evidence  injudicial  proceedings. 
Report  of  investigation  of  complaint. 

Sec.  12.  Procedure  in  case  of  satlsfactlDU  of  com- 
plaint. 

Sec.  13.  Procedure  in  case  of  failure  to  satisfy 
complaint. 

Sec.  14.  Orgaiiization  of  commission. 

Sec.  13.  Salaries. 

Offices  of  commission  and  expenses. 

Sec.  16.  Commission  to  prosecute  any  inquiry  nec- 
efsary  to  Its  duties  into  any  matter  or 
question  of  fact  pertaining  to  the  busi- 
ness of  a  common  carrier. 

Sec.  17.  Annual  reports  from  common  carriers. 
Uniformity  of  accounts. 

Sec.  18.  Report  of  commission. 

Sec.  19.  Pooling. 

Sec.  20.  Exemption. 

Sec.  21.  Approijrlatlon  of  flOO.OOO. 


21 

AN  ACT 
To  regulate  commerce. 

Be  it  enacted  by  the  Senate  and  House  of  Bepresentatives 
of  the  United  States  of  America,  in  Congress  assembled, 
That  the  provisions  of  this  act  shall  apply  to  any  common 
carrier  or  carriers  engaged  in  the  transportation  of  passen 
gers  or  property  wholly  by  railroad,  or  partly  by  railroad, 
and  partly  by  water,  when  both  are  used,  under  a  common 
control,  managpment,  or  arrangement,  for  a  continuous  car- 
riage or  shipment,  from  one  State  or  Territory  of  the  Uni- 
ted States  to  any  other  State  or  Territory  of  the  United 
States,  or  from  any  place  in  the  United  States  to  an  adja- 
cent foreign  country,  or  from  any  place  in  the  United  States 
through  a  foreign  country  to  any  other  place  in  the  United 
States,  and  also  to  the  transportation  in  like  manner  of 
property  shipped  from  any  place  in  the  United  States  to  a 
foreign  country,  and  carried  from  such  place  to  a  port  of 
trans-shiy)ment,  or  shipped  from  a  foreign  country  to  any 
place  in  the  United  States,  and  carried  to  such  place  from  a 
port  of  entry  either  in  the  United  States  or  an  adjacent  for- 
eign country:  Provided,  however,  That  the  provisions  of  this 
act  shall  not  apply  to  the  transportation  of  passengers  or 
property,  or  to  the  receiving,  delivering,  storage,  or  hand- 
ling of  property,  wholly  within  one  State  or  Territory,  and 
not  shipped  to  or  from  a  foreign  country  from  or  to  such 
State  or  Territory  as  aforesaid.    - 

The  term  "railroad"  as  used  in  this  act  shall  include  all 
bridges  and  ferries  used  or  operated  in  connection  with  any 
railroad,  and  the  term  "transportation"  shall  include  all 
instrumentalities  of  shipment  or  carriage. 

All  charges  made  for  any  service  rendered  or  to  be  ren- 
dered in  the  transportation  of  passengers  or  property  as 
aforesaid,  or  in  connection  therewith,  or  for  the  receiving, 
delivering,  storage,  or  handling  of  such  property,  shall  be 
reasonable  and  just  ;  and  every  unjust  and  unreasonable 
charge  for  such  service  is  prohibited  and  declared  to  be  un- 
lawful. 

Section  2.  That  if  any  common  carrier  subject  to  the  pro- 
visions of  this  act  shall,  directly  or  indirectly,  by  any  spe- 
cial rate,  rebate,  drawback,  or  other  device,  charge,  demand, 
collect,  or  receive  from  any  person  or  persons  a  greater  or 
less  compensation  for  any  service  rendered,  or  to  be  ren- 
dered, in  the  transpo^  tation  of  passengers  or  property,  sub- 
ject to  the  provisions  of  this  act,  than  it  charges,  demands, 
collects  or  receives  from  any  other  person  or  persons  for  do- 
ing for  him  or  them  a  like  and  contemporaneous  service  in 
the  transporation  of  a  like  kind  of  traffic  under  substan- 
tially similar  circumstances  and  conditions,  such  common 
carrier  shall  be  deemed  guilty  of  unjust  discrimination, 
which  is  hereby  prohibited  and  declared  to  be  unlawful;  and 
any  common  carrier  who  shall  violate  the  provisions  of  this 
section  as  aforesaid  shall  be  liable  to  all  persons  w^ho  have 
been  charged  a  higher  rate  than  was  charged  any  other  per- 


Carrlers  by  rail  or 
by  rail  and  water 
engaged  in  Inter- 
state traffic  in- 
cluded within 
terms  of  act. 


The  terms  "rail- 
road""' and  "trans- 
portation''  defined 


Charges  to  be 
reasonable  and 
just. 


Discrimination  by 
drawback  or  other- 
wise prohibited. 


1- 


z^iiMmsam 


'iL^'\iMk.T^tl»-  \J^'*&,' 


fx^fff!fM*i^^-fm;vf.-'^<^- 


.'«i:W:'»3'<"-i««1ii 


f\  ^yl 


1    i 


V. 


Undue  or  un- 
reasonable prefer- 
ence or  advantage 
prohibited. 


fit*-  ^  *"«s»~% 


Facilities  forlnter- 
ctiange  of  traffic. 


Terminals. 


J 


Long  and  sliort 
haul. 


M 


H 


Wr 


Suspension  In 
special  cases. 


74"^- 


M 


"  '  I. 


22 

son  or  persons  for  the  difference  between  such  higher  rate, 
and  the  lowest  rate  charged  upon  like  shipments  during  the 
same  period;  or  if  such  lower  rate  was  made  on  any  time 
contract  or  understanding,  the  said  common  carrier  shall  be 
liable  to  pay  a  like  rebate  or  drawback  to  all  other  shippers 
over  the  same  route,  between  the  same  points,  who  have 
shipped  goods  during  the  time  that  such  contract  or  under- 
standing was  in  operation. 

Section.  3.  That  it  shall  be  unlawful  for  any  common  car- 
rier, subject  to  the  provisions  of  this  act,  to  make  or  give  any 
undue  or  unreasonable  preference  or  advantage  to  any  par 
ticular  person,  company,  firm,  corporation,  or  locality,  or 
any  particular  description  of  traffic,  in  any  respect  w^hatso- 
ever,  or  to  subject  any  particular  person,  company,  firm, 
corporation,  or  locality,  or  any  particular  description  of 
traffic,  to  any  undue  or  unreasonable  prejudice  or  disadvan- 
tage in  any  respect  w^hatsoever. 

Every  common  carrier  subject  to  the  provisions  of  this 
act  shall,  according  to  their  respective  powers,  atford  all 
reasonable  and  proper  facilities  for  the  interchange  of  traffic 
between  their  respective  lines,  and  for  the  receiving,  for- 
warding, and  delivering  of  passengers  and  property  to  and 
from  their  several  lines,  and  those  connecting  therewith  ; 
but  no  such  common  carrier  shall  be  recpiired  to  give  the 
use  of  its  tracks  or  terminal  facilities  to  another  carrier  en- 
gaged in  like  business.  Any  common  carrier  who  shall 
willfully  violate  the  provisions  of  this  section  of  this  act 
shall  be  liable  to  the  person  or  persons  injured  thereby  for 
all  damages  occasioned  by  such  violation. 

Section.  4.  That  it  shall  be  unlawful  for  any  common  car- 
rier subject  to  the  provisions  of  this  act  to  charge  or  receive 
any  greater  compensation  in  the  aggregate  for  the  transpor- 
tation of  passengers  or  of  like  kind  of  property,  under  sub- 
stantially similar  circumstances  and  conditions,  for  a  shorter 
than  for  a  longer  distance  over  the  same  line,  in  the  same 
direction,  and  from  the  same  original  point  of  departure  or 
to  the  same  point  of  arrival  ;  but  this  shall  not  be  construed 
as  authorizing  any  common  carrier  within  the  terms  of  this 
act  to  charge  and  receive  as  great  compensation  for  a 
shorter  as  for  longer  distance  :  Provided,  hoiccrer,  That 
upon  application  to  the  commission  appointed  under  the 
provisions  of  this  act,  such  common  carrier  may,  in  special 
cases,  be  authorized  to  charge  less  for  longer  than  for 
shorter  distances  for  the  transportation  of  passengers  or 
property  ;  and  the  commission  may  from  time  to  time  make 
general  rules  exempting  such  designated  common  carrier 
in  such  spc^cial  cases  from  the  operation  of  this  section  of 
this  act  ;  and  when  such  exce})tions  shall  have  been  made 
and  published,  they  shall,  until  changed  by  the  commission 
or  by  law,  have  like  force  and  effect  as  though  the  same 
had  been  specified  in  this  section. 

Any  common  carrier  who  shall  violate  the  provisions  of 
this  section  of  this  act,  shall  be  deemed  guilty  of  extortion, 
and  shall  be  liable  to  the  person  or  persons  against  whom 


23 

any  such  excessive  charge  was  made  for  all  damages  occa- 
sioned by  such  violation. 

Section  5.  That  every  common  carrier  subject  to  the  pro- 
visions of  this  act  shall,  within  sixty  days  after  the  appoint- 
ment of  the  commission  hereinafter  provided  for,  file  with 
said  commission  appointed  under  the  provisions  of  this  act 
copies  of  its  tariffs  of  rates  and  fares  and  charges  relating  to 
all  classes  of  traffic  affected  by  the  provisions  of  this  act,  in- 
cluding classifications  and  terminal  charges  which  in  any 
wise  cliange,  affect,  or  determine  any  part  of  the  aggregate 
of  such  rates  and  fares  and  charges,  and  from  time  to  time 
all  changes  made  in  the  same.  Such  rates,  fares,  charges, 
and  classifications  shall  be  made  public  by  such  common 
carriers  so  far  as  may,  in  the  judgment  of  the  commission, 
be  deemed  practicable;  and  said  commission  shall  from  time 
to  time  prescribe  the  measure  of  publicity  which  shall  be 
given  to  such  rates,  fares,  charges  and  classifications,  or  to 
such  part  of  them  as  it  may  deem  it  practicable  for  such 
common  carriers  to  publish,  and  the  places  in  which  they 
shall  be  published. 

And  when  any  common  carrier  shall  have  established  and 
published  its  rates,  fares,  charges,  and  classifications,  or  any 
part  of  the  same,  in  compliance  with  the  provisions  of  this 
section,  it  shall  be  unlawful  for  such  comipon  carrier  to 
charge,  demand,  collect,  or  receive  from  any  person  or  per- 
sons a  greater  or  less  compensation  than  is  set  forth  and 
specified  in  such  published  rates,  fares,  charges,  and  classi- 
fications, until  the  same  shall  have  been  changed  as  herein- 
after provided.  But  nothing  in  this  act  shall  prevent  the 
principal  officers  of  any  railroad  company  or  companies 
from  exchanging  passes  or  tickets  with  other  railroad  com- 
panies for  their  officers  and  em])loy6-;.  No  advance  in  such 
published  rates,  fares,  charges,  and  classifications  shall  be 
made  except  after  ten  days'  public  notice,  but  reductions  in 
the  same  may  be  made  without  previous  public  notice;  and 
the  commission  shall  prescribe  the  manner  in  which  notice  of 
advances  and  reductions  in  such  published  rates,  fares, 
charges,  and  of  changes  in  classifications  shall  be  given. 

In  cases  where  passengers  and  freight  traffic  pass  over 
lines  or  routes  operated  by  more  than  one  common  carrier, 
and  the  several  common  carriers  operating  such  lines  or 
routes  establish  joint  tariffs  of  rates  of  fares  or  charges,  it 
shall  be  deemed  a  compliance  with  the  requirements  of  this 
section  in  respect  to  the  filing  of  such  tariffs  if  copies  of 
such  joint  tariffs  shall  be  filed  by  any  one  of  said  common 
carriers,  and  the  same  shall  then  be  published  by  the  com- 
mon carriers  who  are  parties  thereto,  in  compliance  with  the 
provisions  of  this  section;  but  no  common  carrier,  party  to 
any  such  joint  tariff,  shall  be  liable  for  the  failure  of  any 
other  common  carrier,  party  thereto,  to  observe  and  adhere 
to  the  rates,  fares,  or  charges  thus  made  and  published. 

If  any  common  carrier  shall  neglect  or  refuse  to  file  or 
publish  its  tariffs  of  rates,  fares,  and  charges  as  provided  in 
this  section,  or  any  part  of   the  same,  such  common  carrier 


Rates  to  be  filed 
and  made  public 
as  far  as  commis- 
sion may  deem 
practicable. 


Kate  to  be  adhered 
to. 


Exchange  of  free 
passes. 


Changes  in  rates. 


Joint  tariffs  of 
rates. 


Failure  to  file  or 
publi&h  scliedules 
of  rates. 


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34 

shall  be  subject  to  a  writ  of  mandamus,  to  be  issued  by  any 
circuit  court  of  the  United  States  within  the  jurisdiction 
where  the  principal  office  of  said  common  carrier  is  situated, 
and  if  such  common  carrier  be  a  foreign  corporation,  in  the 
judicial  circuit  wherein  such  common  carrier  accepts  traffic 
and  has  an  agent  to  perform  such  service,  to  compel  com- 
pliance with  the  aforesaid  provisions  of  this  section  ;  and 
such  writ  shall  issue  in  the  name  of  the  people  of  the  United 
States,  at  the  relation  of  the  commissioners  appointed  under 
the  provisions  of  this  act  ;  and  failure  to  comply  with  its 
requirements  shall  be  punishable  as  and  for  a  contempt;  and 
the  said  commissioners,  as  complainants,  may  also  apply,  in 
any  such  circuit  court  of  the  United  States,  for  a  writ  of  in- 
junction against  such  common  carrier,  to  restrain  such  com- 
mon carrier  from  receiving  or  transporting  property  among 
the  several  states  and  territories  of  the  United  States,  or  be- 
tween the  United  States  and  adjacent  foreign  countries,  or 
between  ports  of  trans-shipment  and  of  entry  in  the  several 
states  and  territories  of  the  United  States,  as  mentioned  in 
the  first  section  of  this  act,  until  such  common  carrier  shall 
have  complied  with  the  aforesaid  provisions  of  this  section 
of  this  act;  and  for  any  willful  violation  or  failure  to  comply 
with  the  aforesaid  provisions  of  this  section  the  court  may 
award  such  costs,  including  counsel  fees,  by  way  of  penalty, 
on  the  return  of  said  writs  and  after  due  deliberation 
thereon,  to  the  commissioners  aforesaid,  as  may  be  just. 
Section  0.  That  it  shall  be  unlawful  for  any  common 
Ih'ipraent"tJ'pUce''^  caiTier  subject  to  the  provisions  of  this  act  to  enter  into  any 
of  destination.         Combination,  contract,  or  agreement,  expressed  or  implied, 

to  prevent,  by  change  of  time  schedule,  carriage  in  different 
cars,  or  by  other  means  or  devices,  the  carriage  of  freights 
from  being  continuous  from  the  place  of  shipment  to  the 
place  of  destination  ;  and  no  break  of  bulk,  stoppage,  or 
interruption  made  by  such  common  carrier  shall  prevent  the 
carriage  of  freights  from  being  and  being  treated  as  one 
continuous  carriage  from  the  place  of  shipment  to  the 
place  of  destination,  unless  such  break,  stoppage,  or  inter - 
ru})tion  was  made  in  good  faith  for  some  necessary  purpose, 
and  without  any  intent  to  avoid  or  unnecessarily  interrupt 
such  continuous  carriage  or  to  evade  any  of  the  provisions 
of  this  act. 

Criminal  penalties.        SECTION  7.  That  any  commou  Carrier  who  shall  willfully 

do,  cause  to  be  done,  or  permit  to  be  done  any  of  the  acts, 
matters,  or  things  in  this  act  declared  to  be  unlawful  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  con- 
viction thereof  in  any  district  court  of  the  United  States 
within  whose  jurisdiction  such  offense  was  committed,  be 
subject  to  a  fine  of  not  more  than  five  thousand  dollars  for 
each  offense  :  Provided,  however,  That  whenever  such  com- 
mon carrier  is  a  corporation,  any  officer,  agent,  or  person 
connected  therewith  who  shall  be  guilty  of  any  such  viola- 
tion of  this  act  shall  be  personally  liable  as  and  for  a  mis- 
demeanor, and,  upon  conviction  thereof  in  any  district  court 
of  the  United  States  within  whose  jurisdiction  such  offense 


Continuous  car- 


m 


25 

was  committed,  shall  be  subject  to  a  fine  of  not  more  than 
five  thousand  dollars  for  each  offense. 

Section  8.  That  a  commission  is  hereby  created  and 
established  to  be  known  as  the  Inter- State  Commerce  Com- 
mission, which  shall  be  composed  of  five  commissioners, 
who  shall  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate.  The  commissioners  first 
appointed  under  this  act  shall  continue  in  office  for  the  term 
of  two,  three,  four,  five,  and  six  years,  respectively,  begin- 
ning with  the  first  day  of  July,  Anno  Domini  eighteen 
hundred  and  eighty-six,  the  term  of  each  to  be  designated 
by  t^e  President  ;  but  their  successors  shall  be  appointed 
for  terms  of  six  years,  except  that  any  person  chosen  to  fill 
a  vacancy  shall  be  appointed  only  for  the  unexpired  term 
of  the  commissioner  whom  he  shall  succeed.  Any  commis- 
sioner may  be  removed  by  the  President  for  inefficiency, 
neglect  of  duty,  or  malfeasance  in  office.  Not  more  than 
three  of  th'e  commissioners  shall  be  appointed  from  the 
same  political  party.  No  person  in  the  employ  of  or  hold- 
ing any  official  relation  to  any  common  carrier  subject  to 
the  provisions  of  this  act,  or  owning  stock  or  bonds  thereof, 
or  who  is  in  any  manner  pecuniarily  interested  therein, 
shall  enter  upon  the  duties  of  or  hold  such  office.  Said 
commissioners  shall  not  engage  in  any  other  business,  voca- 
tion, or  employment.  No  vacancy  in  the  commission  shall 
impair  the  right  of  the  remaining  commissioners  to  exer- 
cise all  the  powers  of  the  commission. 

Section  9.  That  the  commission  hereby  created  shall 
have  authority  to  inquire  into  the  management  of  the  busi- 
ness of  all  common  carriers  subject  to  the  provisions  of  this 
act,  and  shall  keep  itself  inforr^ied  as  to  the  manner  and 
method  in  which  the  same  is  conducted,  and  shall  have  the 
right  to  obtain  from  such  common  carriers  full  and  com- 
plete information  necessary  to  enable  the  commission  to 
perform  the  duties  and  carry  out  the  objects  for  which  it 
was  created  ;  and  for  the  purposes  of  this  act  the  commis- 
sion shall  have  power  to  require  the  attendance  and  testi- 
mony of  witnesses  and  the  production  of  all  books,  papers, 
tariffs,  contracts,  agreements,  and  documents  relating  to 
any  matter  under  investigation,  and  to  that  end  may  invoke 
the  aid  of  any  court  of  the  United  States  in  requiring  the 
attendance  and  testimony  of  witnesses  and  the  production 
of  books,  papers,  and  documents  under  the  provisions  of 
this  section. 

And  any  of  the  circuit  courts  of  the  United  States  within 
the  jurisdiction  of  which  such  inquiry  is  carried  on  may, 
in  case  of  contumacy  or  refusal  to  obey  a  subpoena  issued 
to  any  common  carrier  subject  to  the  provisions  of  this  act, 
or  other  person,  issue  an  order  requiring  such  common  car- 
rier or  other  person  to  appear  before  said  commission  (and 
produce  books  and  papers  if  so  ordered)  and  give  evidence 
touching  the  matter  in  question;  and  any  failure  to  obey 
such  order  of  the  court  may  be  punished  by  such  court  as 
a  contempt  thereof. 


Creation  of  com- 
mission. 


To  Inquire  into  the 
management  of  the 
business  of  all 
common  carriers. 


Testimony  before 
commission. 


Contempt  for 
failure  to  obey 
subpoena  of  com- 
mission. 


L  .-«». 


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Action  upon  com- 
plaints to  com- 
mitsloD. 


Dismissal  of  com- 
plaint. 


Findings  of  com- 
mission to  be 
prima  facie  evi- 
dence injudicial 
proceedings. 


Report  of  investi- 
gation of  com- 
plaint. 


Procedure  in  case 
of  satisfaction  of 
complaint. 


commission  shall  in  like  manner  investigate  any 


Sectiox  10.  That  any  person,  firm,  corporation,  or  asso- 
ciation, or  any  mercantile,  agricultural,  or  manufacturing 
society,  or  any  body  politic  or  municipal  organization  com- 
plaining of  anything  done  or  omitted  to  be  done  by  any 
common  carrier  subject  to  the  provisions  of  this  act  in  con- 
travention of  the  provisions  thereof,  may  apply  to  said 
commission  by  petition,  which  shall  briefly  state  the  facts; 
whereupon  a  statement  of  the  charges  thus  made  shall  be 
forwarded  bv  the  commission  to  such  common  carrier,  who 
shall  be  called  upon  to  satisfy  the  complaint  or  to  answer 
the  same  in  writing  within  a  reasonable  time,  to  be  speci- 
fied by  the  commission.  If  such  common  carrier,  within 
the  time  specified,  shall  make  reparation  for  the  injury 
alleged  to  have  been  done,  said  carrier  shall  be  relieved  of 
liability  to  the  complainant  only  for  the  particular  viola- 
tion of  law  thus  complained  of.  If  such  carrier  shall  not 
satisfy  the  complaint  within  the  time  specified  or  there  shall 
appear  to  be  any  reasonable  ground  for  investigating  said 
complaint,  it  shall  be  the  duty  of  the  commission  to  inves- 
tigate the  matters  complained  of  in  such  manner  and  by 
such  means  as  it  shall  deem  proper. 

Said 

complaint  forwarded  by  the  railroad  commissioner  or  rail 
road  commission  of  any  State  or  Territory,  at  the  request 
of  such  commissioner  or  commission,  and  may  institute  any 
in(juiry  on  its  own  motion  in  the  same  manner  and  to  the 
same  effect  as  though  com]^]aint  had  been  made. 

No  com})laint  shall  at  any  time  be  dismissed  because  of 
the  absence  of  direct  damage  to  the  complainant. 

Section  11.  That  whenever  an  investigation  shall  be 
made  by  said  commission,  it  shall  be  its  duty  to  make  a 
report  in  writing  in  respect  thereto,  which  shall  include  the 
findings  of  fact  upon  which  the  conclusions  of  the  com- 
mission are  based,  together  with  its  recommendation  as  to 
what  reparation,  if  any,  should  be  made  by  the  common 
carrier  to  any  party  or  parties  who  may  be  found  to  have 
been  injured;  and  such  findings  so  made  shall  thereafter, 
in  all  judicial  proceedings,  be  deemed pr /ma /ac/e  evidence 
as  to  each  and  every  fact  found. 

All  reports  of  investigations  made  by  the  commission 
shall  be  entered  of  record,  and  a  copy  thereof  shall  be  fur- 
nished to  the  party  who  may  have  complained,  and  to  any 
common  carrier  that  may  have  been  complained  of. 

Section  12.  That  if  in  any  case  in  which  an  investiga- 
tion shall  be  made  by  said  commission,  it  shall  be  made  to 
appear  to  the  satisfaction  of  the  commission,  either  by  the 
testimony  of  witnesses  or  other  evidence,  that  anythincr  has 
been  done,  or  omitted  to  be  done,  in  violation  of  the  pro- 
visions of  this  act,  or  of  any  law  cognizable  by  said  com- 
mission, by  any  common  carrier,  or  that  any  injury  or  dam- 
age has  been  sustained  by  the  party  or  parties  complaining, 
or  by  other  parties  aggrieved  in  consequence  of  any  such 
violation,  it  shall  be  the  duty  of  the  commission  to  fcJi'thwith 
cause  a  copy  of  its  report  in  respect  thereto  to  be  delivered 


to  such  common  carrier,  together  with  a  notice  to  said  com- 
mon carrier  to  cease  and  desist  from  such  violation,  or  to 
make  reparation  for  the  injury  so  found  to  have  been  done, 
or  both,  within  a  reasonable  time,  to  be  specified  by  the 
commission;  and  if  within  the  time  specified,  it  shall  be 
made  to  appear  to  the  commission  that  such  common  carrier 
has  ceased  from  such  violation  of  law,  and  has  made  rep- 
aration for  the  injury  found  to  have  been  done,  in  compli- 
ance with  the  report  and  notice  of  the  commission,  or  to  the 
satisfaction  of  the  party  complaining,  a  statement  to  that 
effect  shall  be  entered  of  record  by  the  commission,  and  the 
said  common  carrier  shall  thereupon  be  relieved  from  further 
liability  or  penalty  for  such  particular  violation  of  law. 

Section  1 8.     AVhenever  any  common  carrier,  as  defined   Procedure  in  case 

-I         1  .       i    i       ii  •    •  i?    i.1   ■  J.       I     \^      •    ^    i,  of  failure  to  satisff 

m  and  subject  to  the  provisions  or  this  act,  shall  violate  or  complaint, 
refuse  or  neglect  to  obey  any  lawful  order  or  requirement 
of  the  commission  in  this  act  named,  it  shall  be  the  duty  of 
the  commission;  and  lawful  for  any  company  or  person  in- 
terested in  such  order  or  requirement,  to  apply,  in  a  sum- 
mary way,  by  petition,  to  the  circuit  court  of  the  United 
States  sitting  in  e(piity  in  the  judicial  district  in  which  the 
common  carrier  complained  of  has  its  principal  office,  or  in 
which  the  violation  or  disobedience  of  such  order  or  require- 
ment shall  happen,  alleging  such  violation  or  disobedience, 
as  the  case  may  be;  and  the  said  court  shall  have  power  to 
hear  and  determine  the  matter,  on  such  short  notice  to  the 
common  carrier  complained  of,  as  the  court  shall  deem  rea- 
sonable, and  such  notice  may  be  served  on  such  common 
carrier,  his  or  its  officers,  agents,  or  servants,  in  such  man- 
ner as  the  court  shall  direct;  and  said  court  shall  proceed 
to  hear  and  determine  the  matter  speedily  as  a  court  of 
equity,  and  without  the  formal  pleadings  and  proceedings 
applicable  to  ordinary  suits  in  equity,  but  in  such  manner 
as  to  do  justice  to  the  premises;  and  to  this  end  such  court 
shall  have  power,  if  it  think  fit,  to  direct  and  prosecute,  in 
such  mode  and  by  such  persons  as  it  may  appoint,  all  such 
inquiries  as  the  court  may  think  needful  to  enable  it  to  form 
a  just  judgment  in  the  matter  of  such  petition;  and  on 
such  hearing  the  report  of  said  commission  shall  be  prima 
facie  evidence  of  the  matters  therein  stated:  and  if  it  be 
made  to  appear  to  such  court,  on  such  hearing,  or  on  re- 
port of  any  such  person  or  persons,  that  the  lawful  order 
or  requirement  of  said  commission  drawn  in  question  has  | 

been  violated  or  disobeyed,  it  shall  be  lawful  for  such  court 
to  issue  a  writ  of  injunction  or  other  proper  process,  man- 
datory or  otherwise,  to  restrain  such  common  carrier  from 
further  continuing  such  violation  or  disobedience  of  such 
order  or  requirement  of  said  commission,  and  enjoining 
obedience  to  the  same;  and  in  case  of  any  disobedience  of 
any  such  writ  of  injunction,  or  other  proper  process,  man- 
datorv  or  otherwise,  it  shall  be  lawful  for  such  court  to 
issue  writs  of  attachment,  or  any  other  process  of  said 
court  incident  or  applicable  to  writs  of  injunction  or  other 
proper  process,  mandatory  or  otherwise,  against  such  com- 


i, 

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hi-  't    ' 


Organization  of 
commission. 


^h^iiad^A 


mon  carrier,  aDd  if  a  corporation,  at^ainst  one  or  more  of 
the  directors,  officers  or  agents  of  the  same,  or  against  any 
owner,  lessee,  receiver,  or  other  person  failing  to  obey  such 
writ  of  injunction  or  other  proper  process,  mandatory  or 
otherwise;  and  said  court  may,  if  it  shall  think  fit,  make 
an  order  directing  such  common  carrier  or  other  person  so 
disobeying  such  writ  of  injunction,  or  other  proper  process, 
mandatory  or  otherwise,  to  pay  such  sum  of  money,  not  ex- 
ceeding for  each  carrier  or  person  in  default,  the  sum  of 
five  hundred  dollars  for  every  day  after  a  day  to  be  named 
in  order  that  such  carrier  or  other  person  shall  fail  to  obey 
such  injunction  or  other  proper  process,  mandatory  or  other- 
wise: and  such  moneys  shall  be  payable  as  the  court  shall 
direct,  either  to  the  party  complaining,  or  into  court  to  abide 
the  ultimate  decision  of  the  court,  or  into  the  treasury;  and 
payment  thereof  may,  without  prejudice  to  any  other  mode 
of  recovering  the  same,  be  enforced  by  attachment  or  order 
in  the  nature  of  a  writ  of  execution,  in  like  manner  as  if 
the  same  had  been  recovered  by  a  final  decree  in  personam 
in  such  court.  When  the  subject  in  dispute  shall  be  of  the 
value  of  two  thousand  dollars  or  more,  either  party  to  such 
proceeding  before  said  court  may  appeal  to  the  Supreme  Court 
of  the  United  States,  under  the  same  regulations  now  pro- 
vided by  law  in  respect  of  security  for  such  appeal;  but 
such  appeal  Fliall  not  operate  lo  stay  or  supersede  the  order 
of  the  court,  or  the  execution  of  any  writ  or  process  thereon ; 
and  such  court  may,  in  every  such  matter,  order  the  pay- 
ment of  such  costs  and  counsel  fees  as  shall  be  deemed 
reasonable.  AV'henever  any  such  petition  shall  be  filed  or 
presented  by  the  commission,  it  shall  be  the  duty  of  the 
District  Attorney,  under  the  direction  of  the  Attorney- Gen- 
eral of  the  United  States,  to  prosecute  the  same;  and  the 
costs  and  expenses  of  such  prosecution  shall  be  paid  out  of 
the  appropriation  for  the  expenses  of  the  coiu'ts  of  the 
United  States.  For  the  purposes  of  this  act,  excepting  its 
penal  provisions,  the  circuit  courts  of  the  United  States 
shall  be  deemed  to  be  alwavs  in  session. 

Section  14.  That  the  commission  may  conduct  its  pro- 
ceedings in  such  manners  as  will  best  conduce  to  the  proper 
dispatch  of  business  and  to  the  ends  of  justice.  A  majority 
of  the  commission  shall  constitute  a  quorum  for  the  trans- 
action of  business,  but  no  commissioner  shall  participate 
in  any  hearing  or  proceeding  in  which  he  has  any  pecuniary 
interest.  Said  commission  mav,  from  time  to  time,  make 
or  amend  such  general  rules  or  orders  as  may  be  recjuisite  for 
the  order  and  regulation  of  proceedings  before  it,  including 
forms  of  notices  and  the  service  thereof,  which  shall  conform, 
as  nesrlv  as  mav  be,  to  those  in  use  in  the  courts  of  the 
United  States.  Any  party  may  appear  before  said  commis- 
sion and  be  heard,  in  person  or  by  attorney.  Every  vote 
and  official  act  of  the  commission  shall  be  entered  of  record, 
and  its  proceedings  shall  be  public  upon  the  request  of 
either  party  interested.  Said  commission  shall  have  an 
official  seal,  which  shall  be  judicially  noticed.     Either  of 


the  members  of  the  commission  may  administer  oaths  and 
affirmations. 

Section  15.  That  each  commissioner  shall  receive  an  an- 
nual salary  of  seven  thousand  five  hundred  dollars,  payable 
in  the  same  manner  as  the  salaries  of  judges  of  the  courts 
of  the  United  States.  The  commission  shall  appoint  a 
secretary,  who  shall  receive  an  annual  salary  of  three  thou- 
sand five  hundred  dollars,  payable  in  like  manner.  The  com- 
mission shall  have  authority  to  employ  and  fix  the  compen- 
sation of  such  other  employees  as  it  may  find  necessary  to 
the  proper  performance  of  its  duties,  subject  to  the  ap- 
proval of  the  Secretary  of  the  Interior. 

The  commission  shall  be  furnished  by  the  Secretary  of 
the  Interior  with  suitable  offices  and  all  necessary  office 
supplies.  Witnesses  summoned  before  the  commission 
shall  be  paid  the  same  fees  and  mileage  that  are  paid  wit- 
nesses in  the  courts  of  the  United  States.  All  of  the  ex- 
penses of  the  commission,  including  all  necessary  traveling 
expenses  incurred  by  the  commissioners,  or  by  their  em- 
ployees under  their  orders,  in  making  any  investigation  in 
any  other  places  than  in  the  city  of  Washington,  shall  be 
allowed  and  paid,  on  the  presentation  of  itemized  vouchers 
therefor  approved  by  the  chairman  of  the  commission  and 
the  Secretary  of  the  Interior. 

Section.  16.  That  the  principal  office  of  the  commission 
shall  be  in  the  city  of  Washington,  where  its  general  sessions 
shall  be  held  ;  but  whenever  the  convenience  of  the  public 
or  of  the  parties  may  be  promoted  or  delay  or  expense  pre- 
vented thereby,  the  commission  may  hold  special  sessions 
in  any  part  of  the  United  States.  It  may,  by  one  or  more 
of  the  commisbioners,  prosecute  any  inquiry  necessary  to 
its  duties,  in  any  part  of  the  United  States,  into  any  matter 
or  question  of  fact  pertaining  to  the  business  of  any  com- 
mon carrier  subject  to  the  provisions  of  this  act. 

Section.  17.  That  the  commission  is  hereby  authorized  to 
require  annual  reports  from  all  common  carriers  subject  to 
the  provisions  of  this  act,  to  fix  the  time  and  prescribe  the 
manner  in  which  such  reports  shall  be  made,  and  to  require 
from  such  carriers  specific  answers  to  all  questions  upon 
which  the  commission  may  need  information.  Such  annual 
reports  shall  show  in  detail  the  amount  of  capital  stock 
issued,  the  amounts  paid  therefor,  and  the  manner  of  pay- 
ment for  the  same  ;  the  dividends  paid,  the  surplus  fund,  if 
any,  and  the  number  of  stockholders  ;  the  funded  and  float 
ing  debts  and  the  interest  paid  thereon  ;  the  cost  and  value 
of  the  carriers  property,  franchises  and  equipment ;  the 
number  of  employees  and  the  salaries  paid  each  class  ;  the 
amounts  expended  for  improvements  each  year,  how  ex- 
pended, and  the  character  of  such  improvements  ;  the  earn- 
ings and  receipts  from  each  branch  of  business,  and  from 
all  sources  ;  the  operating  and  other  expenses  ;  the  balances 
of  profit  and  loss  ;  and  a  complete  exhibit  of  the  financial 
operations  of  the  carrier  each  year,  including  an  annual 
balance  sheet.     Such  reports  shall   also  contain  such  infor- 


Salarles. 


Offices  of  commis- 
sion and  expenses. 


Commission  to 
prosecute  any 
inquiry  necessary 
to  its  duties  into 
any  matter  or 
question  of  fact 
pertaining  to  the 
business  of  a 
common  carrier. 


Annual  report 
from  common 
carriers. 


I 


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Uniformity  of 
accounts. 


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film- .   I 


Report  of  commis- 
sion. 


Pooling. 


Exemption. 


No  abridgment  of 
existing  remedies. 


Appropriation  of 
(100,000. 


mation  in  relation  to  rates  or  reofulations  coneernine:  fares 
or  freights,  or  agreements,  arrangements,  or  contracts  with 
other  common  carriers,  as  the  commission  may  require  ;  and 
the  said  commission  may  within  its  discretion,  for  the  pur- 
pose of  enabling  it  the  better  to  cany  out  the  purposes  of 
this  act,  prescribe  (if,  in  the  opinion  of  the  commission,  it 
is  practicable  to  prescribe  such  uniformity  and  methods  of 
keeping  accounts)  a  period  of  time  within  which  all  common 
carriers  subject  to  the  provisions  of  this  act  shall  have,  as 
near  as  mav  be,  a  uniform  system  of  accounts,  and  the 
manner  in  which  such  accounts  shall  be  kept. 

Section.  18.  That  the  commission  shall,  on  or  before  the 
first  day  of  December  in  each  year,  make  a  report  to  the  Sec- 
retary of  the  Interior,  which  shall  ])e  by  him  transmitted  to 
Congress,  and  copies  of  w^hich  shall  be  distributed  as  are 
the  other  reports  issued  from  the  Interior  Department. 
This  report  shall  contain  such  information  and  data  col- 
lected by  the  commission  as  may  be  considered  of  value  in 
the  determination  of  ([uestions  connected  with  the  regulation 
of  commerce,  together  with  such  recommendations  as  to 
additional  lej^islation  relating;  thereto  as  the  commission 
may  deem  necessary. 

Section.  19.  That  the  said  commission  shall  specially  in- 
quire into  that  method  of  railroad  managc^ment  or  combi- 
nation known  as  pooling,  and  shall  report  to  Congress, 
what,  if  any,  legislation  is  advisable  and  expedient  upon 
that  subject. 

Section  'iO.  That  nothing  in  this  act  shall  apply  to  the 
carriage,  storage,  or  handling  of  property  free,  or  at  re- 
duced rates  for  the  United  States,  State,  or  municipal  gov- 
ernments, or  for  charitable  purposes,  or  to,  or  from  fairs 
and  expositions  for  exhibition  thereat,  or  the  issuance  of 
mileage,  excursion,  or  commutation  passenger  tickets;  noth- 
ing in  this  act  shall  be  construed  to  ])rohibit  any  common 
carrier  from  jjivinfj  reduced  rates  to  ministers  of  reliofion: 
and  nothingr  in  this  act  contained  shall  in  any  way  abridgre 
or  alter  the  remedies  now  at  law  [)rovided,  l)utthe  ])rovisions 
of  this  act  are  in  addition  to  such  remedies.  But  no  per- 
son, association,  or  corporation  shall  at  the  same  time  prose- 
cute any  complaint  before  said  commission,  and  pursue  his 
or  its  remedy  at  law;  and  lodging  a  complaint  before  such 
commission  shall  suspend,  until  the  same  is  disposed  of, 
the  common  law  remedy;  and  it  is  expressly  providetl  that 
no  pending  litigation  between  railroad  companies  shall  in 
any  way  be  affected  by  this  act  :  Provided,  That  the  time 
when  any  common  law  remedy  shall  be  suspended  under 
this  section  shall  not  be  counted  under  any  statute  of  limit- 
ation against  such  remedy. 

Section  21.  That  the  sum  of  one  hundred  thousand  dol- 
lars is  hereby  appropriated  for  the  use  and  purposes  of  this 
act  for  this  fiscal  year  ending  June  thirtieth,  Anno  Domini 
eighteen  hundred  and  eighty-seven,  and  the  intervening 
time  anterior  thereto. 


No.  4. 

Inter-State  Couimerce  Bill,  (conference  report  approved  by  Congress.) 


Skc. 

Sec. 
Sec. 


Sec. 
Sec. 


1.  Carrlersby  rail  and  water  engaged  In  inter-    Sec.  11. 
State  traffic,  included  within  terms  of 
act.  Sec.  12. 

Charges  to  be  reasonable  and  just. 

2.  Discrimination  by  drawback  or  otherwise 
prohibited. 

3.  Undue  or  unreasonable  preference  or  ad- 
vantage prohibited.  Sec.  13. 

Facilities  for  the  interchange  of  traffic. 
Terminals.  SEC.  14. 

Sec.   4.  Long  and  short  haul. 

Suspension  in  special  cases. 

5.  Pooling  prohibited.  Sec.  15. 

6.  Posting  of  rates. 
Rates  on  shipments  passing  through  a  for-    Sec.  16. 

eign  country. 
Changes  in  rates.  Sec.  17. 

Kates  to  be  adhered  to.  Sec.  18. 

Filing  of  schedule  of  rates  and  contracts. 
Joint  tariff  of  rates.  SEC.  19. 

Measure  of  publicity  of  joint  tariff  of  rates 

prescribe(i  by  commission. 
Failure  to  tile  or  publish  schedule. 

7.  Continuous  carriage  from  place  of  ship-    Sec  20, 
ment  to  place  of  destination. 

8.  Damages  for  violation  of  provisions  of    Sec.  21. 
act.  SEC.  22. 

9.  Option  of  shipper  to  make  complaint  to 
commission,  or  to  bring  suit  in  court. 

Testimony  before  courts.  Skc.  23. 

10.  Criminal  penalties.  Sec.  24, 


Sec. 
Sec. 
Sec. 

Sec. 


Creation  of  inter-State  commerce  com- 
mission. 

To  inc]  uire  into  the  business  of  all  common 
carriers. 

Testimony  before  commission. 

Contempt  for  failure  to  obey  subpoena  of 
commission. 

Action  upon  complaints  to  commission. 

Dismissal  of  complaint. 

Findingsof  commission  to  be  prima  facie 
evidence  injudicial  proceedings. 

Reports  of  investigation  of  complaint. 

Procedure  in  case  of  satisfaction  ol  com- 
plaint. 

Procedure  in  case  of  failure  to  satisfy 
complaint. 

Organization  of  commission. 

Salaries. 

Offices  of  commission  and  expenses. 

Commission  to  prosecute  any  inquiry  nec- 
essary to  its  duties  into  any  matter  or 
question  of  fact  pertaining  to  the  busi- 
ness of  any  common  carrier. 

Annual  reports  from  common  carriers. 

Uniformity  of  accounts. 

Report  of  commission. 

Exemption. 

Exchange  of  passes. 

No  abridgment  of  existing  remedies. 

Appropriation  of  $100,000. 

To  go  into  effect. 


AN   ACT 
To  regulate  commerce. 

Be  it  enacted  by  tiJie  Senate  ana  House  of  Representatives 
of  the  United  States  of  America,  in  Congress  assembted, 
That  the  provisions  of  this  act  shall  apply  to  any  common 
carrier  or  carriers  engaged  in  the  transportation  of  passen- 
gers or  property  wholly  by  railroad,  or  partly  by  railroad 
and  partly  by  water,  when  both  are  used,  under  a  common 
control,  management,  or  arrangement,  for  a  continuous 
carriage  or  shipment  from  one  State  or  Territory  of  the' 
United  States,  or  the  District  of  Columbia,  to  any  other 
State  or  Territory  of  the  United  States,  or  the  District  of 
Columbia,  or  from  any  place  in  the  United  States  to  an  ad- 
jacent foreign  country,  or  from  any  place  in  the  United 
States  through  a  foreign  country  to  any  other  place  in  the 
United  States,  and  also  to  the  transportation  in  like  manner 
of  property  shipped  from  any  place  in  the  United  States  to 
a  foreign  country,  and  carried  from  such  place  to  a  port  of 
trans  shipment,  or  shipped  from  a  foreign  country  to  any 
place  in  the  United  States,  and  carried  to  such  place  from 
a  port  of  entry,  either  in  the  United  States  or  an  adjacent 
foreign  country:  Provided,  however,  That  the  provisions  of 
this  act  shall  not  apply  to  the  transportation  of  passengers 
or  property,  or  to  the  receiving,  delivering,  storage,  or 
handling  of  property,  wholly  within  one  State,  and  not 
shipped  to  or  from  a  foreign  country  from  or  to  any  State 
or  territory  as  aforesaid. 

The  term  "railroad,"  as  used  in  this  act,  shall  include  all 
bridges  or  ferries  used  or  operated  in  connection  with  any 


Carriers  by  rail  or 
by  rail  and  water 
engaged  in  inter- 
state traffic  in- 
cluded within 
terms  of  bill. 


V 


The  terms  "rail- 
road "  and  "trans- 
portation "  defined 


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32 


33 


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if  J' ' 


Charges  to  be 
reasonable  and 
just. 


Discrimination  by 
drawbaclc  or  other- 
wise prohibited. 


Undue  or 
unreasonable 
preference  or  ad- 
vantage proliib- 
Ited. 


Facilities  for  inter- 
change of  traffic. 


ii< 


Terminals. 


Long  and  short 
haul. 


railroad,  and  also  all  the  road  in  use  by  any  corporation 
operating  a  railroad,  whether  owned  or  operated  under  a 
contract,  agreement,  or  lease,  and  the  term  ''transportation" 
shall  include  all  instrumentalities  of  shipment  or  carriage. 

All  charges  made  for  any  service  rendered  or  to  be  ren- 
dered in  the  transportation  of  passengers  or  property,  as 
aforesaid,  or  in  connection  therewith,  or  for  the  receiving, 
delivering,  storage,  or  handling  of  such  {property,  shall  be 
reasonable  and  just ;  and  every  unjust  and  unreasonable 
charge  for  such  service  is  prohibited  and  declared  to  be  un- 
lawful. 

Section  2.  That  if  any  common  carrier  subject  to  the  pro- 
visions of  this  act,  shall,  directly  or  indirectly,  by  any  special 
rate,  rebate,  drawback,  or  other  device,  charge,  demand,  col- 
lect, or  receive  from  any  person  or  persons  a  greater  or  less 
compensation  for  any  service  rendered,  or  to  be  rendered, 
in  the. transportation  of  passengers  or  property,  subject  to 
the  provisions  of  this  act,  than  it  charges,  demands,  collects, 
or  receives  from  any  other  person  or  persons  for  doing  for 
him  or  them  a  like  and  contemporaneous  service  in  the 
transportation  of  a  like  kind  of  traflic  under  substantially 
similar  circumstances  and  conditions,  such  common  carrier 
shall  be  deemed  guilty  of  unjust  discrimination,  which  is 
hereby  prohibited  and  declared  to  be  unlawful. 

Section  3.  That  it  shall  be  unlawful  forany  common 
carrier  subject  to  the  provisions  of  this  act  to  make  or  give 
any  undue  or  unreasonable  preference  or  advantage  to  any 
particular  person,  company,  firm,  corporation,  or  locality, 
or  any  particular  description  of  traffic,  in  any  respect  what- 
soever, or  to  subject  any  particular  person,  company,  firm, 
corporation,  or  locality,  or  any  particular  description  of 
trattlc,  to  any  undue  or  unreasonable  prejudice  or  disadvan- 
tage in  any  respect  whatsoever. 

Every  common  carrier  subject  to  the  provisions  of  this 
act  shall,  according  to  their  respective  powers,  afford  all 
reasonable,  proper,  and  equal  facilities  for  the  interchange 
of  traffic  between  their  respective  lines,  and  for  the  receiving, 
forwarding,  and  delivering  of  passengers  and  property  to 
and  from  their  several  lines  and  those  connecting  therewith, 
and  shall  not  discriminate  in  their  rates  and  charsres  be- 
tween  such  connecting  lines;  but  this  shall  not  be  construed 
as  requiring  any  such  common  carrier  to  give  the  use  of  its 
tracks  or  terminal  facilities  to  another  carrier  euQSLsed  in 
like  business. 

Section  4.  That  it  shall  be  unlawful  for  anv  common 
carrier  subject  to  the  provisions  of  this  act  to  charge  or 
receive  any  greater  compensation  in  the  aggregate  for  the 
transportation  of  passengers  or  of  like  kind  of  property, 
under  substantiallv  similar  circumstances  and  conditions, 
for  a  shorter  thaa  for  a  longer  distance  over  the  same  line, 
in  the  same  direction,  the  shorter  being  included  within  the 
longer  distance;  but  this  shall  not  be  construed  as  authorizing 
any  common  carrier  within  the  terms  of  this  act  to  charge 
and  receive  as  great  compensation  for  a  shorter  as  for  a 


Suspension  in 
special  cases. 


Pooling 
prohibited. 


longer  distance:  Provided,  however,  That  upon  application 
to  the  commission  appointed  under  the  provisions  of  thi^ 
act,  such  common  carrier  may,  in  special  cases,  after  investi- 
gation by  the  commission,  be  authorized  to  charge  less  for 
longer  than  for  shorter  distances  for  transportation  of  pas- 
sengers or  property;  and  the  commission  may  from  time  to 
time  prescribe  the  extent  to  which  such  designated  common 
carrier  may  be  relieved  from  the  operation  of  this  section  of 
this  act. 

Section  5.  That  it  shall  be  unlawful  for  any  common 
carrier  subject  to  the  provisions  of  this  act  to  enter  into  any 
contract,  agreement,  or  combination  with  any  other  common 
carrier  or  carriers  for  the  pooling  of  freights  of  different 
and  competing  railroads,  or  to  divide  between  them  the 
aggregate  or  net  proceeds  of  the  earnings  of  such  railroads, 
or  anv  portion  thereof;  and  in  anv  case  of  an  aorreement  for 
the  pooling  of  freights  as  aforesaid,  each  day  of  its  continu-  . 
ance  shall  be  deemed  a  separate  offense. 

Section  0.  That  every  common  carrier  subject  to  the  pro-  Posting  of  rates 
visions  of  this  act  shall  print  and  keep  for  public  inspec- 
tion, schedules  showing  the  rates  and  fares  and  charges 
for  the  transportation  of  passengers  and  pro})erty,  which 
any  such  common  carrier  has  established,  and  which  are  in 
force  at  the  time  upon  its  railroad,  as  defined  by  the  first 
section  of  this  act.  The  schedules  printed  as  aforesaid  by 
any  such  common  carrier  shall  plainly  state  the  places  upon 
its  railroad  between  which  property  and  passengers  will  be 
carried,  and  shall  contain  the  classification  of  freight  in 
force  upon  such  railroad,  and  shall  also  state  separately  the 
terminal  charges  and  any  rules  or  regulations  which  in  any 
wise  change,  affect,  or  determine  any  part  of  the  aggregate 
of  such  aforesaid  rates  and  fares  and  charges.  Such 
schedules  shall  be  plainly  printed  in  large  type,  of  at 
least  the  size  of  ordinary  pica,  and  copies  for  the  use  of  the 
public  shall  be  kept  in  every  depot  or  station  upon  any  such 
railroad,  in  such  places  and  in  such  form  that  they  can  be 
conveniently  ins{)ected. 

Any  common  carrier  subject  to  the  provisions  of  this  act 
receiving  freight  in  the  United  States,  to  be  carried  through 
a  foreign  country  to  any  place  in  the  United  States,  shall 
also  in  like  manner  print  and  keep  for  public  inspection,  at 
every  depot  where  such  freight  is  received  for  shipment, 
schedules  showing  the  through  rates  established  and  charged 
by  such  common  carrier  to  all  points  in  the  United  States 
beyond  the  foreign  country  to  which  it  acce]:>ts  freight 
for  shipment  ;  and  any  freight  shipped  from  the  United 
States  through  a  foreign  country  into  the  United  States, 
the  through  rate  on  which  shall  not  have  been  made  public 
as  required  by  this  act,  shall,  before  it  is  admitted  into  the 
United  States  from  said  foreign  country,  be  subject  to  cus- 
toms duties  as  if  said  freight  were  of  foreign  production  ; 
and  any  law  in  conflict  with  this  section  is  hereby  repealed. 

No  advance  shall  be  made  in  the  rates,  fares,  and  charges 
which  have  been  established  and  published  as  aforesaid  by 
3 


Rates  on  shipments 
passing  through  a 
foreign  country. 


Changes  in  rates. 


if'i 


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i*'  . 

Rates  to  be  adhered 
to. 


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if  .'^-^'  ■- 


Filing  of  schedules 
of  rates  and  con- 
tracts. 


u  * 


Joint  tariffs  of 
rates. 


Measure  of  pub- 
licity of  joint 
tariffs  of  fjites 
prt-scribed  by 
comtuission. 


?£X;'' 


any  common  carrier  incompliance  with  the  requirements  of 
this  section,  except  after  ten  days'  public  notice,  which  shall 
plainly  state  the  changes  proposed  to  be  made  in  the 
schedule  then  in  force,  and  the  time  when  the  increased 
rates,  fares,  or  charges  will  go  into  effect  ;  and  the  proposed 
changes  shall  be  shown  by  printing  new  schedules,  or  shall 
be  plainly  indicated  upon  the  schedules  in  force  at  the  time 
and  kept  for  public  inspection.  Reductions  in  such  pub- 
lished rates,  fares,  or  charges  may  be  made  without  previ- 
ous public  notice  ;  but  whenever  any  such  reduction  is 
made,  notice  of  the  same  shall  immediately  be  publicly 
posted,  and  the  changes  made  shall  immediately  be  made 
public  by  printing  new  schedules,  or  shall  immediately  be 
plainly  indicated  upon  the  schedules  at  the  time  in  force 
and  kept  for  public  inspection. 

And  when  any  such  common  carrier  shall  have  established 
and  published  its  rates,  fares,  and  charges,  in  compliance 
with  the  provisions  of  this  section,  it  shall  be  unlawful  for 
such  common  carrier  to  charge,  demand,  collect,  or  receive 
from  any  person  or  persons  a  greater  or  less  compensation 
for  the  transportation  of  passengers  or  property,  or  for  any 
services  in  connection  therewith,  than  is  specified  in  such 
published  schedule  of  rates,  fares,  and  charges  as  may  at 
the  time  be  in  force. 

Every  common  carrier  subject  to  the  provisions  of  this 
act  shall  tile  with  the  commission  hereinafter  provided  for 
copies  of  its  schedule  of  rates,  fares,  and  charges  which 
have  been  established  and  published  in  compliance  with  the 
requirements  of  this  section,  and  shall  promptly  notify  said 
commission  of  all  changes  made  in  the  same.  Every  such 
common  carrier  shall  also  file  with  said  commission  copies 
of  all  contracts,  agreements,  or  arrangements  with  other 
common  carriers,  in  relation  to  any  traffic  affected  by  the 
provisions  of  this  act  to  which  it  may  be  a  party.  And  in 
cases  where  passenger?  and  freight  pass  over  continuous 
lines  on  routes  operated  by  more  than  one  common  carrier, 
and  the  several  common  carriers  operating  such  lines  or 
routes  establish  joint  tariffs  of  rates,  or  fares,  or  charges 
for  such  continuous  lines  or  routes,  copies  of  such  joint 
tariffs  shall  also,  in  like  manner,  be  tiled  with  said  commis- 
Such  joint  rates,  fares,  and  charges  on  such   contin- 


sion. 


uous  lines  so  tiled  as  aforesaid,  shall  be  made  public  by 
such  common  earners  when  directed  by  said  commission,  in 
so  far  as  may,  in  the  judgment  of  the  commission,  be 
deemed  practicable;  and  said  commission  shall  from  time 
to  time  prescribe  the  measure  of  publicity  which  shall  be 
given  to  such  rates,  fares,  and  charges,  or  to  such  part  of 
them  as  it  may  deem  it  practicable  for  such  common  carriers 
to  publish,  and  the  places  in  which  they  shall  be  published; 
but  no  common  carrier,  party  to  any  such  joint  tariff,  shall 
be  liable  for  the  failure  of  any  other  common  carrier,  party 
thereto,  to  observe  and  adhere  to  the  rates,  fares,  or  charges 
thus  made  aad  published. 

If  any  such  common  carrier  shall  neglect    or  refuse  to 


Mi- 


file  or  publish  its  schedules  or  tariffs  of  rates,  fares,  and 
charges  as  provided  in  this  section,  or  any  part  of  the  same, 
such  common  can'ier  shall,  in  addition  to  other  penalties 
herein  prescribed,  be  subject  to  a  writ  of  mandamus,  to  be 
issued  by  any  circuit  court  of  the  United  States  in  the  judi- 
cial district  wherein  the  principal  office  of  said  common 
carrier  is  situated  ;  or  wherein  such  offense  may  be  commit- 
ted, and  if  such  common  carrier  be  a  foreign  corporation, 
in  the  judicial  circuit  wherein  such  common  carrier  accepts 
traffic  and  has  an  agent  to  perform  such  service,  to  compel 
compliance  with  the  aforesaid  provisions  of  this  section; 
and  such  writ  shall  issue  in  the  name  of  the  people  of  the 
United  States,  at  the  relation  of  the  commissioners  ap 
pointed  under  the  provisions  of  this  act;  and  failure  to  com- 
ply with  its  requirements  shall  be  punishable  as  and  for  a 
contempt;  and  the  said  commissioners,  as  complainants, 
may  also  apply,  in  any  such  circuit  court  of  the  United 
States,  for  a  writ  of  injunction  against  such  common  carrier, 
to  restrain  such  common  carrier  from  receiving  or  trans- 
porting property  among  the  several  States  and  Territories 
of  the  United  States,  or  between  the  United  States  and  ad 
jacent  foreign  countries,  or  between  ports  of  trans-shipment 
and  of  entry  and  the  several  States  and  Territories  of  the 
United  States,  as  mentiont^d  in  the  tirst  section  of  this  act, 
until  such  common  carrier  shall  have  complied  with  the 
aforesaid  provisions  of  this  section  of  this  act. 

Section  7.  That  it  shall  be  unlawful  for  any  common  car- 
rier subject  to  the  provisions  of  this  act  to  enter  into  any 
combination,  contract,  or  agreement,  express  or  implied,  to 
prevent,  by  change  of  time  schedule,  carriage  in  different 
cars,  or  by  other  means  or  devices,  the  carriage  of  fi'eight 
from  being  continuous  from  the  place  of  shipment  to  the 
place  of  destination;  and  no  break  of  bulk,  stoppage,  or 
interruption  made  by  such  common  carrier  shall  prevent 
the  carriage  of  freights  from  being  and  being  treated  as  one 
continuous  carriage  from  the  place  of  shipment  to  the  place 
of  destination,  unless  such  break,  stoppage,  or  interruption 
was  made  in  good  faith  for  some  necessary  purpose,  and 
without  any  intent  to  avoid  or  unnecessarily  interrupt  such 
continuous  carriage,  or  to  evade  any  of  the  provisions  of 
this  act. 

Section  8.  That  in  case  any  common  carrier  subject  to 
the  provisions  of  this  act  shall  do,  cause  to  be  done,  or  per- 
mit to  be  done  any  act,  matter,  or  thing  in  this  act  prohibit- 
ed or  declared  to  be  unlawful,  or  shall  omit  to  do  any  act, 
matter,  or  thing  in  this  act  required  to  be  done,  such' com- 
mon carrier  shall  be  liable  to  the  person  or  persons  injured 
thereby  for  the  full  amount  of  damages  sustained  in  con- 
sequence of  any  such  violation  of  the  provisions  of  this  act, 
together  with  a  reasonable  counsel  or  attorney's  fee,  to  be 
lixed  by  the  court  in  every  case  of  recovery,  w^hich  at- 
torney's fee  shall  be  taxed  and  collected  as  part  of  the  costs 
in  the  case. 

Section  9.   That   any  person  or  persons  claiming  to  be 


Failure  to  llle  or 
publish  schedule. 


Continuous  car- 
riage from  place  of 
shipment  to  place 
of  destination. 


Damages  for  viola- 
tion of  provisions 
of  act. 


"  ''■^''"-  'ncp^t'^'f ;^|^|y^^'' -^'^  ■  "* 


'•^-■?.,.^"S«S»*? 


.,:^spspiar*'«Y''"^ 


-*i«4«t 


■fifF^'--#iJ.;4''fCr*'-*t 


8t) 


37 


h\,* 


■'./f\^i        ! 


BUMF*  i  « 


r\ 


PI 


Option  of  shipper 
to  make  coinpl.iint 
to  commission  orto 
bring  suit  in  court. 


Testimony. 


Criminal  penalties. 


Creation  of  Inter- 
St\te  Commerce 
Commission. 


damaf:fed  by  any  common  carrier  subject  to  the  provisions 
of  this  act  may  either  make  complaint  to  the  commission 
as  hereinafter  provided  for,  or  may  bring  suit  in  his  or  their 
own  behalf  for  the  recoverv  of  the  damao^es  for  which  such 
common  carrier  may  be  liable  under  the  provisions  of  this 
act,  in  any  district  or  circuit  court  of  the  United  States  of 
competent  jurisdiction  :  but  such  person  or  persons  shall 
not  have  the  right  to  pursue  both  of  said  remedies,  and 
must  in  each  case  elect  which  one  cf  the  two  methods  of 
procedure  herein  provided  for  he  or  they  will  adopt.  In 
any  such  action  brought  for  the  recovery  of  damages  the 
court  before  which  the  same  shall  be  pending  may  compel 
anv  director,  olhcer,  receiver,  trustee  or  agent  of  the  cor- 
poration  or  company  defendant  in  such  suit  to  attend,  ap- 
pear, and  testify  in  such  case,  and  may  compel  the  produc- 
tion of  the  books  and  papers  of  such  corporation  or  com- 
pany party  to  any  such  suit;  the  claim  that  any  such  testi- 
mony or  evidence  may  tend  to  criminate  the  person  giving 
such  evidence  shall  not  excuse  such  witness  from  testi Tying, 
but  such  evidence  or  testimony  shall  not  be  used  against 
such  person  on  the  trial  of  any  criminal  proceeding. 

Section  10.  That  any  common  carrier  subject  to  the  j)ro- 
visions  of  this  act,  or,  whenever  such  common  carrier  is  a 
corporation,  any  director  or  officer  thereof,  or  any  receiver, 
trustee,  lessee,  agent,  or  person  acting  for  or  employed  by 
such  corporation,  who,  alone  or  with  any  other  corporation, 
company,  person,  or  party,  shall  willfully  do  or  cause  to  be 
done,  or  shall  willingly  suffer  or  permit  to  be  done,  any  act, 
matter,  or  thing  in  this  act  prohibited  or  declared  to  be  un- 
lawful, or  who  shall  aid  or  abet  therein,  or  shall  willfully 
omit  or  fail  to  do  any  act,  matter,  or  thing  in  this  act  re- 
quired to  be  done,  or  shall  cause  or  willingly  suffer  or  per- 
mit any  act,  matter,  or  thing  so  directed  or  required  by  this 
act  to  be  done  not  to  be  so  done,  or  shall  aid  or  abet  any 
such  omission  or  failure,  or  shall  be  guilty  of  any  infraction 
of  this  act,  or  shall  aid  or  abet  therein,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof 
in  any  district  court  of  the  United  States  within  the  juris- 
diction of  which  such  offense  was  committed,  be  subject  to 
a  tine  of  not  to  exceed  live  thousand  dollars  for  each  of- 
fense. 

Section  11.  That  a  commission  is  hereby  created  and 
established,  to  be  known  as  the  Inter-State  Commerce  Com- 
mission, which  sha'l  be  composed  of  live  commissioners, 
who  shall  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate.  The  commissioners  lirst 
appointed  under  this  act  shall  continue  in  office  for  the  term 
of  two,  three,  four,  live,  and  six  years,  respectively,  from 
the  first  dav  of  Januarv,  Anno  Domini  eighteen  hundred 
and  eighty-seven,  the  term  of  each  to  be  design.ated  by  the 
President  :  but  their  successors  shall  be  appointed  for  terms 
of  six  years,  except  that  any  person  chosen  to  till  a  vacancy 
shall  be  appointed  only  for  the  unexpired  time  of  the  com- 
missioner whom  he  shall  succeed.     Any  commissioner  may 


be  removed  by  the  President  for  inefficiency,  neglect  of 
duty,  or  malfeasance  in  office.  Not  more  than  three  of  the 
commissioners  shall  be  appointed  from  the  same  political 
party.  No  person  in  the  employ  of  or  holding  any  official 
relation  to  any  common  carrier  subject  to  the  provisions  of 
this  act,  or  owning  stock  or  bonds  thereof,  or  who  is  in  any 
manner  pecuniarily  interested  therein,  shall  enter  upon  the 
duties  of  or  hold  such  office.  Said  commissioners  shall  not 
engage  in  any  other  business,  vocation,  or  employment.  No 
vacancy  in  the  commission  shall  impair  the  right  of  the 
remaining  commissioners  to  exercise  all  the  powers  of  the 
commission. 

Section  1  '1.  That  the  commission  hereby  created  shall  have 
authority  to  inquire  into  the  management  of  the  business 
of  all  common  carriers  subject  to  the  provisions  of  this  act, 
and  shall  keep  itself  informed  as  to  the  manner  and  method 
in  which  the  same  is  conducted,  and  shall  have  the  right  to 
obtain  from  such  carriers  full  and  complete  information 
necessary  to  enable  the  commission  to  perform  the  duties 
and  carry  out  the  objects  for  which  it  was  created  :  and  for 
the  purposes  of  this  act  the  commission  shall  have  i)Ower  to 
require  the  attendance  and  testimony  of  witnesses  and  the 
production  of  all  books,  papers,  tariffs,  contracts,  agree- 
ments, and  documents  relating  to  any  matter  under  investi- 
gation, and  to  that  end  may  invoke  the  aid  of  any  court  of 
the  United  States  in  requiring  the  attendance  and  testi- 
mony of  witnesses  and  the  production  of  books,  papers,  and 
documents  under  the  provisions  of  this  section. 

And  any  of  the  circuit  courts  of  the  United  States  within 
the  jurisdiction  of  which  such  inquiry  is  carried  on  may.  in 
case  of  contumacy  or  refusal  to  obey  a  subprjena  issued  to 
any  common  carrier  subject  to  the  provisions  of  this  act,  or 
other  person,  issue  an  order  requiring  such  common  carrier 
or  other  person  to  appear  before  said  commission  ( and  pro- 
duce books  and  papers  if  so  ordered)  and  give  evidence 
touching  the  matter  in  question;  and  any  failure  to  obey 
such  order  of  the  court  may  be  punished  by  such  court  as  a 
contemy)t  thereof.  The  claim  that  any  such  testimony  or 
evidence  may  tend  to  criminate  the  person  giving  such  evi- 
dence shall  not  excuse  such  witness  from  testifvintr:  but 
such  evidence  or  testimony  shall  not  be  used  against  such 
person  on  the  trial  of  any  criminal  proceeding 

Section  18.  That  any  person,  firm,  corporation,  or  asso- 
ciation, or  any  mercantile,  agricultural,  or  manufacturing 
society,  or  any  body  politic  or  municipal  organization  com- 
plaining of  anything  done  or  omitted  to  be  done  by  any 
common  carrier  subject  to  the  provisions  of  this  act  in  con-' 
travention  of  the  provisions  thereof,  may  apply  to  said  com- 
mission by  petition,  which  shall  briefly  state  the  facts; 
whereupon  a  statement  of  the  charges  thus  made  shall  be 
forwarded  by  the  commission  to  such  common  carrier,  who 
shall  be  called  upon  to  satisfy  the  complaint  or  to  answer 
tbe  same  in  writing  within  a  reasonable  time,  to  be  specified 
by  the  commission.     If  such  common   carrier,  within   the 


To  Inquire  into 
the  manajreiiient  of 
the  business  of  all 
common  carriers. 


Testimony  before 
commission. 


Contempt  for 
failure  to  obey 
subpoena  of 
commission. 


'  i«'ai 


=.^^ 


\n 


^* 


Testimony. 


Action  upon  com- 
plaints to  commis- 
sion. 


^f^T'?"' 


m^^m^m 


*i^-s"' 


tJ^'nUMi-iK  M^ ria 


tf^ft.  f 


'4'A 


\ 


Vi^^^'M. 


Ik-'- 


">,, 


^n.v-' 


J 


Dismissal  of  com- 
plaint. 

Findings  of  com- 
mission to  be 
prima  facie 
evidence. 


Report  of  investi- 
gation of  com- 
plaint. 


Procedure  in  case 
of  satisfaction  of 
complaint. 


38 


time  specified,  shall  make  reparation  for  the  injury  alleged  to 
have  been  done,  said  carrier  shall  be  relieved  of  liability  to 
the  complainant  only  for  the  particular  violation  of  law  thus 
complained  of.  If  such  carrier  shall  not  satisfy  the  com- 
plaint within  the  time  specified,  or  there  shall  ai)pear  to  be 
any  reasonable  ground  for  investigating  said  complaint,  it 
shall  be  the  duty  of  the  commission  to  investigate  the  mat- 
ters  complained  of  in  such  manner  and  by  such  means  as  it 
shall  deem  proper. 

Said  commission  shall  in  like  manner  investigate  any 
complaint  forwarded  by  the  railroad  commissioner  or  rail- 
road commission  of  any  state  or  territory,  at  the  request 
of  such  commissioner  or  commission,  and  may  institute  any 
inquiry  on  its  own  motion  in  the  same  manner  and  to  the 
same  effect  as  though  com})laint  had  been  made. 

No  complaint  shall  at  any  time  be  dismissed  because  of 
the  absence  of  direct  damages  to  the  complainant. 

Section  14.  That  whenever  an  investigation  shall  be 
made  by  said  commission,  it  shall  be  its  duty  to  make  a  re- 
port in  writing  in  respect  thereto,  which  shall  include  the 
findings  of  fact  upon  which  the  conclusions  of  the  com- 
mission are  based,  together  with  its  recommendation  as  to 
what  reparation,  if  any.  should  be  made  by  the  common 
can'ier  to  any  party  or  |)arties  who  may  be  found  to  have 
been  injured;  and  such  findings  so  made  shall  thereafter, 
in  all  judicial  proceedings,  be  deemed  prima  facie  evidence 
as  to  each  and  every  fact  found. 

All  reports  of  investigations  made  by  the  commission 
shall  be  entered  of  record,  and  a  copy  thereof  shall  be 
furnished  to  the  party  who  may  have  complained,  and  to 
any  common  carrier  that  may  have  been  complained  of. 

Section  l").  That  if  in  any  case  in  which  an  investiga- 
tion shall  be  made  by  said  commission  it  shall  be  made  to 
appear  to  the  satisfaction  of  the  commission,  either  by  the 
testimony  of  witnesses  or  other  evidence,  that  anything  has 
been  done  or  omitted  to  be  done  in  violation  of  the  pro- 
visions of  this  act,  or  of  any  law  cognizable  by  said  com- 
mission, by  any  common  carrier,  or  that  any  injury  or  dam- 
age has  been  sustained  by  the  party  or  parties  complaining, 
or  by  other  parties  aggrieved  in  consequence  of  any  such 
violation,  it  shall  be  the  duty  of  the  commission  to  forth- 
with cause  a  copy  of  its  report  in  respect  thereto  tj  be  de- 
livered to  such  common  carrier,  together  with  a  notice  to 
such  common  carrier,  to  cease  and  desist  from  such  vio- 
lation, or  to  make  reparation  for  the  injury  so  found  to 
have  been  done,  or  both,  within  a  reasonable  time,  to  be 
specified  by  the  commission;  and  if,  within  the  time  speci- 
fied, it  shall  be  made  to  appear  to  the  commission  that  such 
common  carrier  has  ceased  from  such  violation  of  law,  and 
has  made  reparation  for  the  injury  found  to  have  been  done, 
in  compliance  with  the  report  and  notice  of  the  commission, 
or  to  the  satisfaction  of  the  party  complaining,  a  statement 
to  that  effect  shall  be  entered  of  record  by  the  commission 
and  the  said  common  carrier  shall  thereupon  be  relieved 


39 

from  further  liability  or  penalty  for  such  particular  violation 
of  law. 

Section  J  6.  That  whenever  any  common  carrier,  as  de- 
fined in  and  subject  to  the  provisions  of  this  act,  shall  vio- 
late or  refuse  or  neglect  to  obey  any  lawful  order  or  require- 
ment of  the  commission  in  this  act  named,  it  shall  be  the 
duty  of  the  commission,  and  lawful  for  any  company  or 
person  interested  in  such  order  or  requirement,  to  apply, 
in  a  summary  way,  b}  petition,  to  the  circuit  court  of  the 
United  States  sitting  in  equity  in  the  judicial  district 
in  which  the  common  carrier  complained  of  has  its  prin- 
cipal office,  or  in  which  the  violation  or  disobedience  of 
such  order  or  requirement  shall  happen,  alleging  such 
violation  or  disobedience,  as  the  case  may  be:  and  the  said 
court  shall  have  power  to  hear  and  determine  the  matter, 
on  such  short  notice  to  the  common  carrier  complained  of, 
as  the  court  shall  deem  reasonable;  and  such  notice  may  be 
served  on  such  common  carrier,  his  or  its  officers,  agents,  or 
servants,  in  such  manner  as  the  court  shall  direct;  and  said 
court  shall  proceed  to  hear  and  determine  the  matter  speedily 
as  a  court  of  equity,  and  without  the  formal  pleadings  and 
proceedings  applicable  to  ordinary  suits  in  equity,  but  in 
such  manner  as  to  do  justice  in  the  premises;  and  to  this 
end  such  court  shall  have  power,  if  it  think  tit,  to  direct 
and  prosecute,  in  such  mode  and  by  such  persons  as  it  may 
appoint,  all  such  inquiries  as  the  court  may  think  needful 
to  enable  it  to  form  a  just  judgment  in  the  matter  of  such 
petition;  and  on  such  hearing  the  report  of  said  commission 
shall  be  prima  facie  evidence  of  the  matters  therein  stated; 
and  if  it  be  made  to  appear  to  such  court  on  such  hearing,  or 
on  report  of  any  such  person  or  persons,  that  the  lawful  or- 
der or  requirement  of  said  commission  drawn  in  question 
has  been  violated  or  disobeyed,  it  shall  be  lawful  for  such 
court  to  issue  a  writ  of  injunction  or  other  proper  process, 
mandatory  or  otherwise,  to  restrain  such  common  carrier 
from  further  continuing  such  violation  or  disobedience  of 
such  order  or  requirement  of  said  commission,  and  enjoin- 
ing obedience  to  the  same;  and  in  case  of  any  disobedience 
of  any  such  writ  of  injunction  or  other  proper  process, 
mandatory  or  otherwise,  it  shall  be  lawful  for  such  court  to 
issue  writs  of  attachment,  or  any  other  process  of  said  court 
incident  or  applicable  to  writs  of  injunction  or  other  proper 
process  mandatory  or  otherwise,  against  such  common  car- 
rier, and  if  a  corporation,  against  one  or  more  of  the  direc- 
tors, officers,  or  agents  of  the  same,  or  against  any  owner, 
lessee,  trustee,  receiver,  or  other  person  failing  to  obey  such 
writ  of  injunction  or  other  proper  process,  mandatory 
or  otherwise;  and  said  court  may,  if  it  shall  think  fit,  make 
an  order  directing  such  common  carrier  or  other  person  so 
disobeying  such  writ  of  injunction  or  other  proper  process, 
mandatory  or  otherwise,  to  pay  such  sum  of  money  not  ex- 
ceeding for  each  carrier  or  person  in  default  the  sum  of  five 
hundred  dollars  for  every  day  after  a  day  to  be  named  in 
the  order  that  such  carrier  or  other  person  shall  fail  to  obey 


Procedure  in  case 
of  failure  to  sat- 
isfy complaint. 


■  "M 


m 


•'i'li 


"m 


I 


''"va 


'"^^M'iJll^^-i 


^?$M"^'- 


'^h^  iiiMkkL^  [^'lii , 


lij^^kist^^^A 


mm- 


J'H 


»t. 


!''*! 


i 


rj"  -« 


Orjranizatlon  of 
commiseion. 


Salaries. 


40 

such  injunction  or  other  proper  process,  mandatory  or 
otherwise;  and  such  moneys  shall  be  payable  as  the  court 
shall  direct,  either  to  the  party  complaining  or  into  court, 
to  abide  the  ultimate  decision  of  the  court,  or  into  the 
treasury;  and  payment  thereof  may,  without  prejudice  to 
any  other  mode  of  recoverincj  the  same,  be  enforced  bv  at- 
tachment  or  order  in  the  uature  of  a  writ  of  execution,  in 
like  manner  as  if  the  same  had  been  recovered  by  a  final  de- 
cree in  persotKini  in  such  court.  When  the  subject  in  dis- 
pute shall  be  of  the  value  of  two  thousand  dollars  or  more, 
either  party  to  such  proceeding  before  court  may  appeal  to 
the  Supreme  Court  of  the  Tnited  States,  under  the  same 
regulations  now^  provided  by  law  in  respect  of  security  for 
such  appeal  :  but  such  appeal  shall  not  operate,  or  stay,  or 
supersede  the  order  of  the  court  or  the  execution  of  any 
writ  or  process  thereon  :  and  such  court  may,  in  every  such 
matter,  order  the  payment  of  such  costs  and  counsel  fees  as 
shall  be  deemed  reasonable.  Whenever  any  such  petition 
shall  be  filed  or  presented  by  the  commission  it  shall  be  the 
duty  of  the  district  attorney  under  the  direction  of  the  At- 
torney General  of  the  United  States,  to  prosecute  the  same; 
and  the  costs  and  expenses  of  such  prosecution  shall  be  paid 
out  of  the  a])propriation  for  the  expenses  of  the  courts  of  the 
United  States.  For  the  purposes  of  this  act,  excepting  its 
penal  provisions,  the  coui-ts  of  the  United  States  shall  be 
deemed  to  })e  always  in  session. 

Section  17.  That  the  commission  may  conduct  its  pro- 
ceedings in  such  manner  as  will  best  conduce  to  the  pi'oper 
dispatch  of  business  and  to  the  ends  of  justice.  A  major- 
ity of  the  commission  shall  constitute  a  (juorum  for  the 
transaction  of  business,  but  no  commissioner  shall  partici- 
pate in  any  hearing  or  proceeding  in  which  he  has  any  pe- 
cuniary interest  Said  commission  may,  from  time  to  time, 
make  or  amend  such  general  rules  or  orders  as  may  be  re- 
quisite for  the  order  and  regulation  of  proceedings  before 
it,  including  forms  of  notices  and  the  service  thereof,  which 
shall  conform,  as  nearly  as  may  be,  to  those  in  use  in  the 
courts  of  the  United  States.  Any  party  may  ap})ear  before 
said  commission  and  be  heard,  in  person  or  by  attorney. 
Every  vote  and  oifieial  act  of  the  commission  shall  be  en- 
tered of  record,  and  its  proceedings  shall  be  public  upon  the 
retpiest  of  either  party  interested.  Said  commission  shall 
have  an  official  seal,  which  shall  be  judicially  noticed. 
Either  of  the  members  of  the  commission  may  administer 
oaths  and  afiirmations. 

Section  18.  That  each  commissioner  shall  receive  an  an- 
nual salary  of  seven  thousand  five  hundred  dollars,  payable  in 
the  same  manner  as  the  salaries  of  judges  of  the  courts  of  the 
United  States.  The  commission  shall  appoint  a  secretary  at 
an  annual  salary  of  three  thousand  Wve  hundred  dollars,  pay- 
able in  like  manner.  The  commission  shall  have  authority 
to  employ  and  fix  the  compensation  of  such  other  employes 
as  it  may  find  necessary  to  the  proper  performance  of  its 
duties,  subject  to  the  approval  of  the  Secretary  of  the  Interior. 


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The  commission  shall  be  furnished  by  the  Secretary  of 
the  Interior  with  suitable  offices  and  all  necessary  office  sup- 
plies. Witnesses  summoned  before  the  commission  shall 
l)e  paid  the  same  fees  and  mileage  that  are  paid  witnesses 
in  the  courts  of  the  United  States. 

All  of  the  expenses  of  the  commission,  including  all  ne- 
cessary expenses  for  transportation  incuiTed  by  the  com 
missioners.  or  by  their  employes  under  their  orders,  in 
making  any  investigation  in  any  other  places  than  in  the 
city  of  Washington,  shall  be  allowed  and  paid,  on  the  presen- 
tation of  itemized  vouchers  therefor,  approved  by  the  chair- 
man of  the  commission  and  the  Secretary  of  the  Interior. 

Section  19.  That  the  principal  office  of  the  commission 
shall  be  in  the  city  of  Washington,  where  its  general  ses- 
sions shall  be  held;  but  whenever  the  convenience  of  the 
public  or  the  parties  may  be  ])romoted,  or  delay  or  expense 
prevented  thereby,  the  commission  may  hold  special  sessions 
in  any  part  of  the  United  States.  It  may,  by  one  or  more 
of  the  commissioners,  prosecute  any  inquiry  necessary  to 
its  duties,  in  any  part  of  the  United  States,  into  any  matter 
or  question  of  fact  pertaining  to  the  business  of  any  com- 
mon carrier  subject  to  the  provisions  of  this  act. 

Section  '20.  That  the  commission  is  hereby  authorized  to 
require  annual  reports  from  all  common  carriers  subject  to 
the  provisions  of  this  act,  to  fix  the  time  and  prescribe  the 
manner  in  w^hich  such  reports  shall  be  made,  and  torec^uire 
from  such  carriers  specific  answers  to  all  questions  upon 
which  the  commission  may  need  information.  Such  annual 
reports  shall  show  in  detail  the  amount  of  capital  stock  is- 
sued, the  amounts  paid  therefor,  and  the  manlier  of  pay- 
ment for  the  same;  the  dividends  paid,  the  surplus  fund,  if 
any,  and  the  number  of  stockholders;  the  funded  and  float- 
ing debts  and  the  interest  paid  thereon;  the  cost  and  value 
of  the  carrier's  property,  franchises,  and  equipment;  the 
number  of  employes  and  the  salaries  paid  each  class;  the 
amounts  expended  for  improvements  each  year,  how  ex- 
pended, and  the  character  of  such  improvements;  the  earn- 
ings and  receipts  from  each  branch  of  business  and  from 
all  sources;  the  operating  and  other  expenses;  the  balances 
of  profit  and  loss;  and  a  complete  exhibit  of  the  financial 
operations  of  the  carrier  each  year,  including  an  annual 
balance-sheet.  Such  reports  shall  also  contain  such  infor- 
mation in  relation  to  rates  or  regulations  concerning  fares 
or  freights,  or  agreements,  arrangements,  or  contracts  with 
other  common  carriers  as  the  commission  may  require;  and 
the  said  commission  may,  within  its  discretion,  for  the  pur- 
pose of  enabling  it  the  better  to  carry  out  the  purposes  of 
this  act,  prescribe  (if  in  the  opinion  of  the  commission  it  is 
practicable  to  prescribe  such  uniformity  and  methods  of 
keeping  accounts)  a  period  of  time  within  which  all  com- 
mon carriers  subject  to  the  provisions  of  this  act  shall 
have,  as  near  as  may  be,  a  uniform  system  of  accounts,  and 
the  manner  in  which  such  accounts  shall  be  kept. 

Section  21.   That  the  commission  shall,  on  or  before  the 


Offices  of  commis- 
sion and  expensed. 


Comniisdion  to 
prosecute  any 
Inquiry  necessary 
to  Its  duties  Into 
any  matter  or 
question  of  fact 
pertaJnlnx  to  the 
business  of  a 
coMunon  carrier. 


Annual  reports 
from  common 
carriers. 


Uniformity  of 
accounts. 


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Report  of  com  mis- 
sion. 


ExeniptioD. 


Exchange  ©f 
passes. 

No  abridgment  of 
existing  remedies. 


Appropriation  of 

f  JOll,  000. 


To  go  into  effect. 


first  day  of  December  in  each  year,  make  a  report  to  tbe 
Secretary  of  the  Interior,  which  shall  be  by  him  transmitted 
to  Congress,  and  copies  of  which  shall  be  distributed  as  are 
the  other  reports  issued  from  the  Interior  Department. 
This  report  shall  contain  such  information  and  data  col- 
lected by  the  commission  as  may  be  considered  of  value  in 
the  determination  of  questions  connected  with  the  regulation 
of  commerce,  together  with  such  recommendations  as  to 
additional  legislation  relating  thereto  as  the  commission 
may  deem  necessary. 

Section  22.  That  nothing  in  this  act  shall  apply  to  the 
carriage,  storage,  or  handling  of  property  free  or  at  re- 
duced rates  for  the  United  States,  State,  or  municipal  gov- 
ernments, or  for  charitable  purposes,  or  to  or  from  fairs 
and  expositions  for  exhibition  thereat,  or  the  issuance  of 
mileage,  excursion,  or  commutation  passenger  tickets  ; 
nothing  in  this  act  shall  be  construed  to  prohibit  any  com- 
mon carrier  from  giving  reduced  rates  to  ministers  of  reli- 
gion; nothing  in  this  act  shall  be  construed  to  prevent  rail- 
roads from  giving  free  carriage  to  their  own  officers  and 
employes,  or  to  prevent  the  principal  officers  of  any  rail 
road  company  or  companies  from  exchanging  passes  or  tick- 
ets with  other  railroad  companies  for  their  officers  and 
employes;  and  nothing  in  this  act  contained  shall  in  any 
way  abridge  or  alter  the  remedies  now  existing  at  common 
law  or  by  statute,  but  the  provisions  of  this  act  are  in  ad- 
dition to  such  remedies:  Provided,  That  no  pending  liti- 
gation shall  in  any  way  be  affected  by  this  act. 

Section  28.  That  the  sum  of  one  hundred  thousand  dol- 
lars is  hereoy  appropriated  for  the  use  and  purposes  of  this 
act.  for  the  fiscal  year  ending  June  thirtieth,  Anno  Domini 
eighteen  hundred  and  eighty-eight,  and  the  intervening 
time  anterior  thereto. 

Section  24.  That  the  provisions  of  sections  eleven  and 
eighteen  of  this  act,  relating  to  the  appointment  and  or- 
ganization of  the  commission  herein  provided  for,  shall 
take  effect  immediately,  and  the  remaining  provisions  of 
this  act  shall  take  effect  sixty  days  after  its  passage. 


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